A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. On July 27, 2016, around 18:20, the Defendant intruded on a structure, where the victim D of the branch of the Seoul Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) was working as a manager, and the victim entered the said main office with a view to cutting away things within the space where the victim temporarily opened out without correcting the entrance, and infringed on another person’s structure.

2. The Defendant shall not take out a new card (credit number: F) entered in a victim D's wall, which was located adjacent to the entrance of the main store at the same time and place as the above paragraph (1).

The victim's property was stolen by taking advantage of the means of taking them.

3. On July 27, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) by deceiving a victim by suggesting that he/she was his/her own credit card, and by using the stolen person’s physical credit card, as provided in paragraph (2), at around July 18:30, 2016, when he/she was operated by Seoul Special Metropolitan City Gwangjin-gu G and the victim H of the first floor: (b) and paying the amount of the purchase; and (c) by deceiving the victim by suggesting that he/she was his/her credit card.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police against D;

1. A H statement;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes on credit card payment details, and text messages of card use details;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (Influence of buildings), Article 329 of the Criminal Act (influence of intention), Article 347(1) of the Criminal Act (influence of fraud), Article 70(1)3 (influence of stolen credit cards, etc.) of the Act on Financial Business Specializing in Credit, and the choice of imprisonment, respectively;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment for six months to two years; and

(a) Class 1 (Fraud below KRW 100,00) basic area (from June to June 1) - No person who has no special sentencing factor:

(b)thief on general property for 2 offences (thief).