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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal records] On September 28, 2016, the Defendant was sentenced to one year of imprisonment with prison labor and a fine of 300,000 won by larceny, etc. at the Seoul Central District Court, and on May 25, 2017, the Defendant completed the execution of the sentence.
[Criminal facts]
1. On July 3, 2017, at around 22:00 on July 3, 2017, the Defendant: (a) stolen Handphones and agricultural debit cards owned by the victim, which were in the victim’s bank located in the victim’s bank by taking advantage of the gaps of the victim’s K’s care of drinking in the side table table in the “J restaurant” located in Jongno-gu Seoul Metropolitan Government, Jongno-gu.
2. Violation of Acts in financial business specializing in fraud and credit;
A. On July 3, 2017, around 23:06, the Defendant: (a) received from an employee in the victim’s name in the absence of the intent or ability to normally pay the price in the “M convenience store” located in Jongno-gu Seoul Metropolitan City L; (b) received 1 Bolu, tobacco equivalent to the market price of KRW 45,000 from an employee in the victim’s name; and (c) was deemed as a legitimate holder of the Nonghyup Debit Card that stolen in the same manner as described in the foregoing paragraph (1); and (d) used the stolen debit card showing the above debit card to an employee
B. On July 4, 2017, around 00:22, the Defendant: (a) had no intent or ability to pay the price normally at the “O convenience store” located in Jongno-gu Seoul N; (b) had a know-how P receive 1 lux of tobacco equivalent to the market price of KRW 45,00 from an employee in the name of the victim, and used the stolen debit card by requiring the victim to present the above debit card to an employee in the name of the victim.
(c)
On July 4, 2017, around 04:13, the Defendant does not have an intention or ability to normally pay the price in Qu in Jongno-gu Seoul Metropolitan Government. Notwithstanding that the Defendant did not have an intention or ability to normally pay the price, the Defendant is able to make the name-based incompetent person who was unaware of the fact to block the Defendant’s total market price of KRW 3,900 from the non-personal staff of the victim.