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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 power] On December 10, 2003, the Defendant was sentenced to imprisonment with prison labor for at least eight months in the Changwon District Court due to night building intrusion, larceny, etc., and on May 28, 2009, with prison labor for at least two years in August, 2009, with prison labor for larceny, and on June 10, 201, with prison labor for at least ten months in the Changwon District Court’s smuggling Branch, and on November 9, 2012, with prison labor for at least one year and six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Southern District Court on September 18, 2013, and completed the execution of the sentence in the wood prison on September 18, 2013.
【Criminal Facts】
1. On January 12, 2014, at around 02:35, the Defendant: (a) opened a driver’s seat of a vehicle in C Stwit-ro, parked in front of the 96 heart mountain-ro, a window at Changwon-si, in an irregular way; and (b) stolen KRW 1, 1, 2, 57,00, 1, 3, 3, 3, and 57,00, 1, 3, 3, and 3,000, 3, 4,000, 56,000.
2. Fraud or violation of the Specialized Credit Finance Business Act;
A. On January 12, 2014, the Defendant presented 220,000 won, such as the drinking value, to the victim, on the I entertainment tavern operated by the victim H at the window G of Changwon-si, as described in the foregoing paragraph (1), as if the victim had been duly entitled to use his/her debit card under the name of the Daegu Bank, which was a debit card, as described in the foregoing paragraph (1).
Accordingly, the defendant, by deceiving the victim, received the property and used the stolen debit card.
B. On January 12, 2014, around 04:39, the Defendant presented the victim as if he had a legitimate right to use the instant card under the name of the Daegu Bank, which was a debit card, as described in the foregoing paragraph (1), at Lran tavern operated by the victim K in the window of Changwon-si, Changwon-si. The Defendant had the victim settle KRW 70,000,000, such as the alcohol value.
This is that the defendant, by deceiving the victim, received property and stolen debit cards.