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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal records] The defendant was sentenced to one year of probation on June 2, 2017 by the Incheon District Court for criminal fraud, etc., and the judgment was finalized on June 10, 2017, and is currently under probation.
"2017 Highest 7551"
1. On June 21, 2017, the Defendant found one copy of the Samsung Card, the victim F lost on the frontway, in the “E market located in Seo-gu Incheon, Seo-gu, Incheon.”
Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
2. On June 24, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business did not have the intent or ability to normally pay the taxi use price at an unspecified place. As such, the Defendant, as if the Defendant was a legitimate holder of the Samsung Samsung Card, was engaged in the act as if he were the lawful holder of the Samsung Card, and had the victim, who was a taxi driver, presented the said card and made the payment by the said card, and then until January 1 and 20 of the same month, the Defendant paid KRW 597,400 via the said card 20 times in total, as indicated in the list of crimes in the attached Table.
Accordingly, the defendant deceivings the victim and acquired and lost pecuniary benefits equivalent to the amount of the above card.
around 03:00 on July 7, 2017, the Defendant ordered alcohol and alcohol as if he would pay the amount due at the “I” point operated by the victim H located in Seo-gu Incheon, Seo-gu, Incheon.
However, there was no intention or ability to pay the alcohol value to the victim.
The Defendant was provided by the injured party with beer and beer with beer and beer with beer and beer with a total of KRW 200,000 in the market value.
Summary of Evidence
1. Court's statement "2017 Senior 7551" by the defendant;
1. Statement made by the police with regard to F;
1. Written statements of J, K, L, M, N,O, and P: "2017 Heights 7933";
1. The statement of H 1.