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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
【The Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court on August 21, 2015, and completed the execution of the sentence at the Ansan Prison on January 10, 2016. On May 17, 2017, the Seoul Southern District Court declared that the Defendant was sentenced to eight months of imprisonment for night residence intrusion larceny, theft, etc. at night, but the appeal was dismissed on September 9, 2017, and the execution of the sentence was completed by the Seoul Southern Southern District Court on September 9, 2017.
【Criminal facts】 [Defendant-Appellee 2017 Highest 2257]
1. On September 24, 2017, the Defendant thefted the victim’s cash 15,000 won in the victim’s possession and 150,000 won in the market price where 10 credit cards are located, at the E main point operated by the victim D, not only around 23:40 on September 24, 2017.
2. On September 24, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, due to the use of a stolen credit card, purchased tobacco 1 A at G convenience stores operated by the victim with no name in Bupyeong-si F on September 24, 2017, and paid KRW 4,500 as if he/she was his/her own Samsung Credit Card, as described in the foregoing paragraph (1).
In this respect, the Defendant acquired the stolen tobacco amounting to 4,500 won from a person who suffers from a false name and used a stolen credit card.
3. On September 25, 2017 due to the use of a stolen credit card, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business on September 25, 2017: (a) moved H taxi that the victim was driving on his/her name due to the use of the stolen credit card to the area I in 0:12, Sept. 25, 2017; and (b) made payment of KRW 3,720 of the taxi fare by presenting the stolen No. Do Card as if he/she had completed the said card, as described in the foregoing paragraph 1.
Accordingly, the defendant acquired financial benefits equivalent to 3,720 won from a person who suffers from a false name and used a stolen credit card.
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