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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[Criminal Power] On March 19, 2020, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Southern District Court on March 19, 202 and the judgment became final and conclusive on the 27th of the same month.
【Criminal Facts】
1. At around 11:00 on October 4, 2019, the Defendant: (a) committed theft with only one electronic passbook in the name of the victim, which was placed on the table table, using the gap in the surveillance of the victim C, and one credit card (G) in the victim’s name, in the victim’s inner part; and (b) collected KRW 3 million in cash from the cash withdrawal machine located in the headquarters of the IF and then collected KRW 1:14 on the same day; and (c) at around 11:14, at the IF, at the cash withdrawal machine located in the headquarters of the IF, three million won in cash deposited in the account using the said passbook.
2. Fraud and violation of the Specialized Credit Finance Business Act;
A. On October 4, 2019, the Defendant: (a) around 12:09, at the K convenience store of the first floor of the city of Busan, the Defendant 45,000 won of scarbus tobacco at the city of J 1, Dong-gu, Busan, and (b) took place as if the Defendant had legitimate right to use a stolen credit card as stated in the foregoing paragraph (1); (c) had the victim who is an employee of convenience store pay the price by presenting the said credit card, and received a tobacco delivery.
Accordingly, the Defendant, by deceiving the victim as above, took the victim into account the 45,000 Scarblu tobacco amounting to the market price of 45,00 won, and illegally used the stolen credit card.
B. On October 4, 2019, the Defendant purchased goods equivalent to KRW 40,00 in the market value at the O pharmacy located in the 1st floor M of the Dong-gu Busan Metropolitan City on October 4, 2019, and had the Defendant, as if the Defendant had legitimate right to use a stolen credit card as stated in the foregoing paragraph (1), provided that the Defendant, an employee of the pharmacy, presented the said credit card to P, and received the following medicine.
Accordingly, the defendant deceivings the victim as above, obtained a drug equivalent to the market price of 40,000 won from the victim, and fraudulently acquired it and stolen the stolen credit card.