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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. At around 23:00 on July 9, 2013, the Defendant: (a) discovered that the victim E is under the influence of alcohol in the above convenience store, and took the victim’s house into custody; (b) then, around 03:00 of the same month, he stolen the victim’s credit card (credit card number: F) and one cash amount of KRW 100,000 on the wall of the victim located in the victim’s house located within the main body of the above Defendant’s house, thereby cutting down the victim’s property.
2. On July 10, 2013, at around 04:17, the Defendant issued an order for alcohol equivalent to the sum of KRW 300,000,00, such as two weeks of disease, five diseases of beer, and beer, etc., at “I week” operated by the Victim H in Gyeonggi-gun G, and the Defendant paid KRW 300,000 for alcoholic beverages by presenting the stolen credit card to the Defendant as the Defendant’s credit card as if he were the Defendant’s credit card.
Accordingly, the defendant acquired property by deceiving the victim.
3. Attempted fraud.
A. At around 05:34, July 10, 2013, the Defendant: (a) presented the victim K’s “L” operated by the Plaintiff K in the Gyeonggi-gun of the Gyeonggi-do, as set forth in paragraph (1) to engage in commercial sex acts; (b) paid 80,000 won for commercial sex acts by presenting the stolen credit card to the victim as if the Defendant was the credit card holder of the Defendant; (c) but (d) it was difficult for the Defendant to engage in sexual intercourse due to the influence of alcohol, thereby making it difficult for the Defendant to do so.
Accordingly, the defendant, by deceiving the victim, tried to acquire property benefits equivalent to KRW 80,000, but did not commit attempted crimes.
B. On July 10, 2013, at around 07:37, the Defendant presented a stolen credit card as stated in paragraph (1) to the Defendant’s credit card holder, as the Defendant’s credit card holder, to engage in commercial sex acts, at around 07:37, the Defendant presented the victim, who was the Defendant’s credit card holder.