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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. A thief, Sept. 23, 2018, at around 11:00, the Defendant: (a) committed theft with a lot of 100,000 won or more owned by the victim who was under custody in the inner eculbb, using the gap without the victim; and (b) with a department store of gift certificates and a physical card with a new bank in the name of the victim.
2. The Defendant who attempted to commit fraud is a person with intellectual disability 2, who became aware of in F, and E is a person with intellectual disability 2.
The Defendant: (a) was a new bank card owned by D, which was stolen under paragraph (1) to E; and (b) instigated a female-friendly organization to purchase the bank card instead of a gold bar to be futuresed.
At around 18:20 on September 23, 2018, the Defendant: (a) purchased one half of 330,000 won at the market price (18K) from the “I Operation of the Victim H located in Busan Seo-gu G on September 23, 2018; (b) attempted to deceiving the victim by presenting D’s new bank check as if he/she was a genuine holder of the card; (c) however, the Defendant attempted to receive a gold check by deceiving the victim by presenting D’s new bank check as if he/she was a true holder of the card; (d) however, the Defendant failed to deliver a gold check to another person by allowing the card holder and E to do so.
B. At around 19:57 on the same day, the Defendant: (a) purchased one gold half (18K) equivalent to 7.20,000 won at the market value; (b) attempted to induce the victim to make payments by presenting D’s new bank check as if he was the genuine holder of the card; (c) but (d) failed to make payments due to the shortage of the balance of the physical card due to the lack of the balance.
3. The Defendant in violation of the Specialized Credit Financial Business Act committed theft by presenting a 3,330,000 won card of a new bank from the victim D, such as paragraph 1, to the “I” business owner, by settling 3,000,000 won of the market price, at the same time and place as paragraph 2(a).