beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal records] The defendant was sentenced to a suspended sentence of ten months on December 17, 2014 by the Jung-gu District Court for criminal fraud, etc. on October 25 of the same month and the judgment became final and conclusive on the 25th of the same month, and is currently under suspended sentence.
[Criminal facts] 2016 Highest 1385
1. The Defendant, on December 18, 2015, found one physical card (G) owned by the victim F at the hotel E stores located in Gangnam-gu Seoul, Gangnam-gu Seoul, at around 02:00, one of the clock cards (G) owned by the victim F.
Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
2. On December 18, 2015, around 02:36, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, at I Empt operated by the victim’s name influencing person on the first floor above H of Gangnam-gu Seoul, Seoul, the Defendant presented the Defendant’s check to the effect that he was a legitimate right holder, prepared a sales slips, and submitted the check to pay KRW 1,300,000 for the goods, and acquired property and property gains equivalent to KRW 1,626,90 for a total amount of 17 times, as shown in the list of crimes in the attached Table, until 09:16 on the same day.
3. On December 18, 2015, the Defendant attempted to commit fraud and violation of the Act on Financial Business Specializing in Credit Business: (a) around 03:55, at the K main point operated by the victim’s name in the Seongbuk-gu Seoul Seongbuk-gu, Seongbuk-gu, Seoul, the Defendant issued a sales transfer slip to the victim as if he/she was a legitimate right holder; and (b) submitted a sale transfer slip to the victim, and submitted it to settle the drinking value equivalent to KRW 200,000,000 at the market price; and (c) intended to obtain pecuniary benefits; (d) however, the Defendant did not commit an attempted crime by cancelling the settlement from the credit card company’s staff.