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

Of the facts charged in the instant case, each of the crimes committed on December 23, 2018 (2019Sang 2167) shall be acquitted.

On May 31, 2018, the defendant was sentenced to imprisonment for six months in the Suwon District Court for fraud, etc., and the execution of the sentence was terminated on October 2 of the same year at the Suwon Detention House on October 2 of the same year.

【Criminal Facts】

1. On September 23, 2019, the Defendant: (a) obtained 3-2 as a Confucian School in Suwon-si, Suwon-si; (b) obtained one copy of the KB people’s physical fitness card (C) lost by the victim B; and (c) did not take necessary procedures, but embezzled the property that he/she left the possession of the victim, with his/her idea, without taking necessary procedures, such as returning it to the victim.

2. Fraud and the Defendant violated the Specialized Credit Financial Business Act, around 09:05 on September 23, 2019, presented B’F convenience points for the operation of Suwon-si D Victim E, as described in paragraph (1), and, as if the Defendant was the lawful holder of the said card, deceiving the victim by means of driving it as if the Defendant was a lawful holder of the said card, and deceiving the victim, thereby deceiving the victim, and using the lost card, 2.8 million won in total, and 8,600 won in the market value, by deceiving the victim of the 2.8 million won in total (1,400 won in the face-to-face type (4,300 won in the market value per 1 A), and 2.00 won in the face-to-face tobacco in total (4,300 won in the market value).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each written statement E and B;

1. Two copies of photographs taken by victims E;

1. Police seizure records;

1. Previous convictions in the judgment: Criminal history records (A), investigation reports (former records, etc. during the trial), - Copy of the indictment, written judgment, etc. [ although the defendant and his/her defense counsel have brought about a lost physical card on or around September 23, 2019, they do not use it. However, according to evidence duly adopted and investigated by this court, such as witness E’s legal statement, photograph taken by the victim E, etc., the fact that he/she used the lost physical card is sufficiently recognized as criminal facts in the judgment of the defendant. Accordingly, the above argument is rejected).

1. Relevant provisions concerning facts constituting an offense;