A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On August 28, 2015, at around 00:20, the Defendant discovered the victim C, who was under influence of alcohol on the road front of the Southern-dong, Nam-gu, Incheon, Nam-gu, Incheon, that he fell away from the victim’s wallet, and confirmed that there is no other person than the victim, the Defendant cut off the victim’s wall card one and the national physical check one.

2. On August 28, 2015, the Defendant, in violation of the Specialized Credit Financial Business Act, purchased tobacco at the F convenience store operated by the victim E in Sinti City, Do, on August 10, 2015, and presented the victim’s card as if the Defendant was the Defendant’s card, and then paid the amount of tobacco equivalent to KRW 4,500, which was stolen to the Defendant, acquired economic benefits and used the stolen credit card.

3. The Defendant attempted to commit fraud, around August 28, 2015, at around 10:25, the Defendant presented the victim’s national physical fitness card in the name of C, such as paragraph (1), as the victim’s card, in order to purchase gold bullion from the I metal bank operated by the victim H in Gyeonggi-si, which was located in G, to purchase gold bullion, and attempted to pay the Defendant’s gold bullion amounting to KRW 520,00,000, but failed to pay the gold bullion due to the suspension of the use thereof.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the respective Acts and subordinate statutes of E and H;

1. Relevant statutory provisions of Article 347(1) of the Criminal Act (Fraud), Articles 352 and 347(1) of the Criminal Act (the attempted fraud), Article 329 of the Criminal Act (the point of larceny), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of unlawful use of credit card) and the choice of imprisonment, respectively, with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence shows the appearance of the Defendant to make a confession and reflect the instant crime, the Defendant is detained for about two months, and the amount of damage in this case is not significant.