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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal history] On March 21, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor by larceny, etc. from the Suwon Franchisor, and was sentenced to one year of imprisonment with prison labor by the Daejeon District Court on August 28, 2013. On February 19, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor by larceny in the Suwon Franchisor support, and completed the execution of the sentence on October 28, 2014.
[Criminal facts]
1. On January 20, 2015, the Defendant deducteds the key to clothes in the victim E from the soup room of 'D' located in Ma in Masung-si on January 20, 2015.
In addition, when the injured party was in custody of clothes, he stolen it with 300,000 won or more of the market price, 1 driver's license, 1 copy, 1 driver's license, 1 credit card, 1 driver's license, 1 driver's knife, 2 mobile phone, and 500,000 won or more of the market price.
2. On January 25, 2015, the Defendant illegally used a stolen credit card, such as paying 3,49,660 won with a credit card which was stolen over 78 times from that time to February 10, 2015, as indicated in the list of crimes in the attached Table, including the fact that the Defendant sold goods at a G convenience store located in the F1st floor in Ansan-si, Ansan-si, and the employee’s name was stolen, while paying the price by using the credit card.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to E and H;
1. Details of card use;
1. Photographs of damaged articles;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, Article 329 of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the illegal use of credit cards, the selection of imprisonment with prison labor);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment are the same as the accused.