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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
[criminal power] On January 11, 2018, the Defendant was sentenced to five months of imprisonment with prison labor for night building intrusion theft at the Ulsan District Court, and completed the execution of the sentence at the Ulsan Detention House on May 1, 2018.
【Criminal Facts】
1. Embezzlements of lost possession;
A. On July 24, 2018, at around 03:00, the Defendant acquired a bicycle set of KRW 10,000,000, the market value of the victim C, who was under the influence of alcohol on the front side of the road in Ulsan-gu B, Ulsan-gu, and embezzled the property that he/she had, without following necessary procedures such as returning it to the victim, he/she thought that he/she would have, and then, embezzled the property that he/she left the possession of the victim.
B. On March 11, 2019, at around 14:45, the Defendant acquired a modern card owned by the victim E, which was lost due to his/her decline in Ulsan-gu D’s book, and did not take necessary procedures, such as returning the card to the victim, and embezzled the property that he/she had thought to have, on his/her own, lost possession.
2. On March 11, 2019, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased 152,900 won or more of the market price at “H” store operated by the victim G in Ulsan-gu, Ulsan-gu; (b) provided the victim as if there was a legitimate right to use the acquired E’s modern card; (c) provided the victim to pay the price; (d) obtained and lost pecuniary benefits equivalent to KRW 152,900 from that time to March 13, 2019; and (e) used the lost credit card by obtaining and using the lost pecuniary benefits equivalent to KRW 1,049,200 in total seven times in total, as indicated in the attached list of crimes (1) from March 13, 2019.
3. On March 11, 2019, the Defendant in violation of the Computer, etc. Fraud and Specialized Credit Financial Business Act entered a hamburt at a K store operated by the victim J in Ulsan-gu, Ulsan-gu, into the automatic order box with a market price of KRW 8,100, and obtained as above.