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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 2, 2015, at around 03:00 (on-site time criteria; hereinafter the same shall apply), the Defendant cut off the victim’s right of 50,000 won on the part of the victim’s wall located on a table, from the victim’s seat where the victim’s D was locked, and then stolen the victim’s USD 4,000 (on-site time basis, approximately 574,280 won) owned by the victim from the above wall.
2. Violation of Acts in financial business specializing in fraud and credit finance;
A. On June 15, 2015, at around 20:45, the Defendant used a new card with D’s ID and password identified in D’s new card display case installed in D’s cell phone, and connected D’s IDs and passwords by immediately settling the price of KRW 3,651,313 using the credit card payment settlement service.
Then, the defendant demanded the victim to make a false sale equivalent to USD 23,00 and deliver USD 23,000 to the victim in the precious metal store operated by the victim's name in the above Etel near the above Etel, and the defendant suggested the above new card owned by D along with D's passport, as if the defendant had a legitimate right to use.
However, the defendant did not have any intention or ability to pay the credit card use price even if he received 23,000 S. dollars from the injured party, because the new card was used as a new one in D's mere, and was not a legitimate holder of the card.
Ultimately, the Defendant, by deceiving the victim as above, caused the victim to make a false sales equivalent to USD 23,00 of the above new card ($ 3,314,530) with the same amount as the victim.