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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On April 24, 2014, the Defendant sentenced 10 months to imprisonment with prison labor for fraud, etc. in the Sungwon District Court's Sungnam branch on December 19, 2014, and completed the execution of the sentence on December 19, 2014.
Criminal facts
1. At around 15:00 on August 3, 2016, the Defendant: (a) discovered a parked E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-
2. Fraud and violation of the Specialized Credit Finance Business Act;
A. On August 3, 2016, at around 15:23, the Defendant purchased DNA tobacco equivalent to KRW 8,200,00, from “H convenience store operated by the victim G in Seongbuk-gu, Sungnam-si” (hereinafter “H convenience store”), and acquired a pecuniary benefit equivalent to the same amount by settling the amount of KRW 8,200, by presenting that the credit card company stolen as described in paragraph (1) belongs to the victim as if the Defendant was a legitimate holder.
B. On August 3, 2016, at around 15:27, the Defendant purchased one gold and gold sheet from K’s “K” operated by the victim J in Seongbuk-si, Sungnam-si, and the Defendant, as described in paragraph (1), purchased one gold and gold sheet from the victim, and the Defendant expressed that the Defendant was a legitimate holder, and obtained pecuniary benefits equivalent to the same amount by settling the amount of KRW 490,000 for the goods.
Accordingly, the defendant, by deceiving victims two times, acquired property benefits and used stolen credit cards.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A written statement of G and J;
1. Card slips, photographs, and details of card use;
1. Previous convictions: Criminal records and investigation reports (report on crimes during the period of repeated crimes).