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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On September 29, 2017, the Defendant was sentenced to a suspended sentence of two years for a period of eight (8) months of imprisonment for fraud, etc. in the public order branch of the Daejeon District Court on September 29, 2017, and the said judgment became final and conclusive on October 11,
【Criminal Facts】
1. Around 17:40 on January 25, 2017, the Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) jointly with B and invaded the Defendant by using the key of the house, which was contained in the body box in Busan Dong-gu, Busan, and stolen the property from the victim D, and by using the key of the house, which was contained in the body box.
Accordingly, the defendant infringed upon the victim's residence jointly with B.
2. Special larceny: (a) the Defendant, in collaboration with B at the time and place specified in paragraph (1), stolen the victim’s inside with the victim’s bank passbook, check card, Japanese bank passbook and check card, Busan Bank passbook, Nonghyup Bank passbook, Nonghyup Bank passbook, Nonghyup Bank passbook, Nonghyup Bank passbook, NAC passbook, SDR passbook, community credit cooperative passbook, and passport.
Accordingly, the defendant stolen the victim's property together with B.
3. On January 25, 2017, the Defendant violated the Fraud and the Specialized Credit Finance Business Act, in collusion with B, purchased a Chewing waste amounting to KRW 500,00 at the “F convenience store located in Suwon-gu, Busan, and made a settlement of the price by suggesting that the Plaintiff, as described in paragraph (2), was the victim’s convenience store’s name and influence card (G) was used.
However, since the above physical card was stolen from D, the defendant did not have the intention or ability to pay the price normally to the victim because he did not use the card.
Accordingly, as shown in the attached Table 1, such as deceiving the victim as above by deceiving the victim, and being delivered a guming sum of 500 won at the market price, the Defendant would pay a total of 45,100 won by using the physical card at least six times from around that time to January 26, 2017.