A defendant shall be punished by imprisonment for six months.

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

On April 22, 2010, the Defendant was sentenced to five years of imprisonment with prison labor in Seoul High Court for larceny, etc., and completed the execution of the sentence in the first prison in the Gyeongbuk-do, North Korea on September 7, 2014.

1. On December 20, 2014, around 02:15, the Defendant: (a) held a thief’s “E”, which is located in Ansan-si, a member of Ansan-si; (b) held by the victim F by coercion a door-to-face box containing clothes, personal belongings, etc.; and (c) stolen the thief’s check-to-face card of a new bank owned by the victim on a wall that was located in that part; and (d) 1.50,000 won in cash.

2. On December 20, 2014, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) around 02:53, the victim G convenience points in Ansan-si, the Defendant offered the said card as if he was a legitimate user of the new bank’s physical credit card that was stolen as described in paragraph (1); and (b) signed the sales slip and received 2,000 won or less of the market price from the victim; and (c) from around 20:53 on December 20, 2014 to December 20, 203:31, 2014, the Defendant used the stolen physical credit card at least four times as indicated in the list of crimes; and (d) acquired the victims’ property at a total of KRW 18,800,000 from the victims, and acquired 40,000 property gains equivalent to 40,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, I, and J;

1. CCTV photographs;

1. Documents and copies of sales slips using cards;

1. Previous convictions in judgment: Application of inquiry reports, investigation reports (verification of the date of release, etc.), investigation reports, and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 347 (1) and 329 of the Criminal Act that choose a punishment (the point of larceny) and Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of using stolen check) (the choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Article 32(1)3 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and the Promotion, etc. of Lawsuits;