The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2016 Highest 996]

1. On February 13, 2016, at around 05:20 on February 13, 2016, the Defendant discovered that the victim E was locked at the victim’s seat in the “DPC bank” located in Jung-gu Seoul Metropolitan Government, and stolen the victim’s cash amounting to KRW 59,000, national card and modern card, each one, national bank debit card and one resident registration certificate, one, and one, each of the market price unfolded with the resident registration certificate.

2. Fraud;

A. On February 13, 2016, around 05:31, 2016, the Defendant purchased a stolen national card from “G convenience store” operated by the victim in the name of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, as if the Defendant had legitimate right to use the card, and paid the price by presenting it as stated in the preceding paragraph, and obtained tobacco equivalent to KRW 45,000 at the market price from the victim.

B. On February 13, 2016, around 05:37, the Defendant purchased 1 cigarette of “Mefass” tobacco and 1 cigarette of “Mefass” at “J convenience store” managed by the victim I located in H in Seoul Special Metropolitan City, Nowon-gu, and presented a stolen national card as if he/she had legitimate authority to use it as prescribed in paragraph (1), and paid the price by suggesting that he/she had legitimate authority to use it, and received tobacco worth KRW 90,000 in total from the victim’s market price.

C. On February 13, 2016, at around 05:42, the Defendant purchased two cigarettes from the “J convenience store” as referred to in the preceding paragraph from the victim I, and then settled the price by presenting the cream card that stolen as referred to in paragraph (1), and obtained tobacco worth KRW 90,000 from the victim and acquired it by defrauded.

On February 13, 2016, the Defendant purchased 20 tobacco from “M convenience store” managed by the victim L in Seoul Special Metropolitan City, Nowon-gu, at the “M convenience store,” and paid the price by presenting it as if the Defendant had a legitimate right to use the cream card, such as paragraph (1). The Defendant received tobacco worth KRW 90,000 in total at the market price from the victim.