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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. A theft: (a) around 02:50 on February 26, 2018, the Defendant discovered that a window behind the car driver’s seat of the victim E parked on the road located in the front of the “D,” located in Ansan-si, a member C, was opened; (b) removed the corrective device for the said car; and (c) removed the corrective device for the car; and (d) committed theft with one cash owned by the victim on the front line; (b) one bank of Korea with the victim’s name; and (c) one bank of KRW 50,000 on the market price stated in one bank credit card.
2. On March 1, 2018, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) committed as if he were the lawful holder of one bank’s credit card located in Ansan-si Group G (H convenience store) at around 03:23 on the same day; (b) presented the said credit card to an employee in the name of one bank, who was stolen as described in paragraph (1); and (c) received goods equivalent to KRW 4,500 at the market price from the said employee; and (d) received from the said employee the total amount of KRW 12 times from the said ten victims by means of the same method as indicated in the list of crimes, from March 16, 2018.
Accordingly, the defendant, by deceiving victims, acquired property and property benefits, and used stolen credit cards.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A written statement of I and J;
1. Application of Acts and subordinate statutes on the details of use and transaction of credit cards in one bank;
1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (the fraud point), Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the use of stolen credit cards collectively), and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as observation of protection and community service order.