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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
On October 13, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny, etc. at the Suwon District Court, and the judgment became final and conclusive around that time.
1. On May 15, 2016, from around 00:00 to around 02:28, the Defendant embezzled, without following necessary procedures, the Defendant: (a) obtained one copy of the KB National Card, the victim C lost; and (b) returned the acquired property to the victim; and (c) embezzled as he/she had the idea of possession.
2. On May 15, 2016, at around 02:37, the Defendant presented C’s national card obtained as described in paragraph (1) when settling accounts for KRW 200,000,00 of the singing practice room for the victims’ names in Seocheon-si D.
However, the defendant did not have any legitimate right to use the above credit card and did not have any intention or ability to settle the singing payment.
As such, the Defendant: (a) by deceiving an employee in a name-free manner to pay 200,000 won with the said national card; and (b) obtained pecuniary benefits equivalent to the said amount from the victim; and (c) from around 02:28 on May 15, 2016 to around 02:50 on May 15, 2016, the Defendant acquired pecuniary benefits or acquired property by deceiving an employee in a total of six times by paying a sum of KRW 47,200 with the credit card of C by means of the said method as indicated in the attached list of crimes.
3. No person who violates the Specialized Credit Financial Business Act may use lost or stolen credit cards;
Nevertheless, on May 15, 2016, the Defendant presented a credit card that he/she acquired at “E karaoke machine” as stated in paragraph (2) as stated in paragraph (1), and signed the sales slip and issued it, and paid the amount of KRW 200,000,000,000 from May 15, 2016 to 02:50 on the same day.