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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On March 11, 2016, the Defendant was sentenced to one year and two months of imprisonment with prison labor due to embezzlement, etc. by the Incheon District Court on March 11, 2016, and completed the execution of the sentence in the former prison on October 19, 2016.
Criminal facts
1. Embezzlements of deserted articles in possession;
A. On December 30, 2016, the Defendant acquired one bank or debit card (Account Number D) owned by the victim C, which was lost by the victim C in the vicinity of the period of cash withdrawal at one bank located in the Dong-gu, U.S. on December 30, 2016, and embezzled it.
B. On January 2017, the Defendant acquired the victim’s welfare cards owned by the victim E, which were lost at the time of the influence of the date on January 1, 2017, and embezzled them with such cards.
2. On January 1, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud, fraud using computers, and credit finance around 15:28, 201, purchased 1,300 won (1,300 won) of drinking water at the “H” convenience store for the management of the victim G located in Seocheon-gu, Seocheon-gu, Seoul. The fact is that the Defendant’s debit card offered for payment is not the Defendant’s ownership, but the C-owned card acquired as indicated in paragraph 1(a) and, as if the Defendant’s card was the Defendant’s card, it had the employees make the payment by presenting it to the above convenience store, thereby allowing the Defendant to deliver the above drinking water to the said employee on the same day, and from December 30, 2016 to January 1, 2017, the Defendant received or lost the above debit card from the victim to the above 17th day by presenting the above debit card at the convenience store, such as the list of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of C and E;
1. Details of the use of cards, receipts (H), and receipts (I convenience points);
1. An investigation report (a convenience point investigation), an investigation report (a specific attachment to a list of crimes).