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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2019 Highest 212]
1. At around 11:20 on December 13, 2018, the Defendant embezzled the property that was occupied by the victim by failing to take the necessary procedures for return, such as acquiring one copy of the CK7 car cke card at the market price of the victim D’s loss and returning it to the victim, which was parked in front of his/her name-free friendly family located in Daegu-gun, Daegu-gun, Daegu-gun, the Defendant embezzled the property that was occupied by the victim.
2. Fraudulent and attempted fraud;
A. On December 13, 2018, the Defendant: (a) around 11:24, 2018, in calculating the “G gas station” in the “G gas station” of the victim F’s operation in Daegu-gun E; and (b) in calculating the amount of gasoline equivalent to KRW 20,000, the Defendant spent the Nogym card in the name of D, as described in paragraph (1), as if the Defendant was the Defendant’s physical card; and (c) had the victim settle the said physical card with the above amount of KRW 20,000, the Defendant acquired economic benefits equivalent to that amount by having the victim settle the said physical card.
B. On December 13, 2018, the Defendant calculated the amount of gasoline equivalent to KRW 30,00 in the “G gas station” in the “G gas station” of the above victim F’s operation, and calculated the amount of gasoline equivalent to KRW 30,000, as described in paragraph (1) as if it was the Defendant’s physical card, and had the victim pay KRW 30,000 with the above physical card, thereby having the victim pay KRW 30,000 with the above physical card.
C. On December 13, 2018, at around 11:31, 2018, the Defendant purchased 4 A and 1 disease of tobacco, and calculated 20,600 won from the purchase price of 4 A and 20,600 won, the Defendant tried to obtain economic benefits equivalent to the above amount by having the victim settle the 20,600 won with the above physical card, but it is wind that D refused approval due to D’s loss report and failed to settle the payment.