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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On February 17, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny from the Suwon prison on the 19th day of February, 2016, and the execution of the sentence was terminated by the Ansan prison on August 3, 2016.
1. From around 04:00 on July 9, 2017 to 06:00 on the same day, the Defendant: (a) committed theft with one F card, G card1, H card1, one I card1, one identification card1, and one cellular phone with an identification card of an amount equivalent to KRW 900,000,000 in the market value, which is owned by the victim’s victim E, located in GelD located in Heung-gu, Young-gu; and (b) committed theft.
2. On July 9, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) used the “Lambag site for Chinese traditional health experience” service in the “Lambag site” operated by the victim’s name in Yong-si, Young-gu, Young-si; (b) took place as if he was the legitimate licensee of the E F Card’s name, as indicated in paragraph (1), and (c) took place as if he was the legitimate licensee of the F Card’s name; (d) paid the price of marina with the said credit card presented to an employee, and was exempted from paying KRW 132,00,000; (b) obtained economic benefits equivalent to the same amount; (c) from around that time, the Defendant illegally used the stolen other’s credit card; and (d) obtained economic benefits equivalent to the total amount of KRW 1,127,500,000 from July 10, 2017 by the same method, including the unlawful use of the stolen other’s credit card.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. A E-document;
1. Details of photographs and settlement after cutting off on-site CCTV images, and details of use of F cards;
1. Previous convictions in judgment: Application of a reply to inquiry, copy of the judgment and the current status of personal expropriation, such as criminal history;
1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347(1) of the Criminal Act (each fraud), Article 70(1)3 of the Act on Specialized Financial Business for Credit Specialized, and Article 70(1)3 of the Act, respectively.