A defendant shall be punished by imprisonment for one year.

Punishment of the crime

To the extent that the defendant's defense right is not disadvantaged, part of the facts charged was revised.

[criminal power] The Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Specialized Credit Financial Business Act for Habitual Fraud at the Sungnam Branch of the Suwon District Court on January 19, 2017 and completed the execution of the sentence on August 27, 2017. On June 15, 2018, the Defendant was sentenced to four months of imprisonment with prison labor for night-time intrusion larceny and larceny and completed the execution of the sentence on September 10, 2018.

【Criminal Facts】

"2018 Highest 2707"

1. On November 18, 2018, the Defendant: (a) obtained a new physical card owned by the victim D, but did not take necessary procedures, such as returning it to the victim; (b) on the street, around 04:30, he/she thought that he/she had it.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On November 18, 2018, the Defendant purchased one cigarette equivalent to the market price of 45,000 won from “F convenience store” located in Seongbuk-gu, Sungnam-si, Sungnam-si, and presented it to the victim G, an employee of the above convenience store, as if there was a legitimate right to use the check, as prescribed in paragraph (1), and received one cigarette from the victim.

B. On November 18, 2018, around 10:13 and 10:15, the Defendant purchased 200 tobacco equivalent to the market price of 45,000 won from “I convenience store” located in Sungnam-si, Sungnam-si, on two occasions, and presented it to the victim J, who is the owner of the above convenience store, and had the victim pay the price with the said card and received two cigarettes.

Accordingly, the defendant, by deceiving victims, received property, and illegally used the lost physical card.

3. The Defendant has attempted fraud.