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Defendant shall be punished by imprisonment for a term of one year and six months.
The evidence seized by the defendant shall be confiscated as prescribed in subparagraph 1.
Reasons
Punishment of the crime
[criminal power] On March 9, 2017, the Defendant was sentenced to one year and four months of imprisonment for fraud, etc. in the pure support of the Gwangju District Court, and completed the execution of the sentence on February 26, 2018 by the Net Prison.
【Criminal Facts】
"2019 Highest 1041"
1. Crimes committed on March 2, 2019;
A. A. On March 2, 2019, the Defendant: (a) around 15:30 on March 2, 2019, at the D restaurant operated by the victim C in Changwon-si, Changwon-si; (b) taken one credit card owned by the victim in the victim’s mobile phone case using the gaps inside the main room.
Accordingly, the defendant stolen the victim's property.
B. On March 2, 2019, the Defendant failed to commit fraud, and the Defendant violated the Specialized Credit Financial Business Act: (a) around 17:48, 2019, when the Victim F’s Credit Card was stolen in Changwon-si E, Changwon-si; (b) was entitled to use the stolen credit card; (c) was paid by deceiving the victim as if he had legitimate authority to use the stolen credit card; and (d) ordered the victim to pay 440,000 won to the victim; (c) the Defendant ordered the victim to pay 440,000 won to the victim; (d) did not receive the victim’s demand for presentation of his identification card; and (e) did not realize the intent.
Accordingly, the defendant attempted to acquire the victim's property by fraud, and used stolen credit cards.
C. On March 2, 2019, the Defendant attempted to commit fraud: (a) around 18:12, 2019, even though the Defendant was a stolen credit card at H in Changwon-si, Changwon-si, the Defendant paid the amount by deceiving the victim as if he had legitimate authority to use it; (b) ordered the victim to pay one cigarette, and (c) ordered the victim to receive one cigarette from the victim; and (d) ordered the victim to pay 45,000 won by using the said C’s credit card to the victim, but the card was suspended, and the intent was not achieved on the wind that was not paid.