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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal history] On April 11, 2017, the Defendant was sentenced to one year of a suspended sentence of two years for a special intimidation in the support for the development of the Suwon method, and the judgment became final and conclusive on April 19, 2017.
[Criminal facts]
1. On April 18, 2017, the Defendant and Defendant C conspired with each other to acquire a copy of the new bank physical card that was lost by the victim D and to return it to the victim without following necessary procedures, such as acquiring a new bank physical card that was owned by the victim D between the department store and the department store, and embezzled the property that he/she left the victim’s possession from around 20:0 to 20:22.
2. On April 18, 2017, Defendant C conspired with Defendant C in breach of the law related to fraud, attempted fraud, and credit finance business: (a) committed an act as if he was a legitimate holder of a new bank card acquired under the above paragraph (1) while having no intention or ability to make a normal settlement of the price of goods at the G convenience store operated by the Victim F in Ansan-gu, Ansan-si; and (b) used a physical card issued and lost in an amount equivalent to KRW 4,100 of the market price from the victim to April 21, 2017; and (c) subsequently, from around that time until around 111,000, Defendant C attempted to receive and lose property in total amount equivalent to KRW 119,970 by deceiving the victim through the above method as stated in the list of crimes attached to the crime list; and (d) obtained approval of the total amount of 10,100 won by deceiving the victim through one of the above method.
Summary of Evidence
1. Statement by the defendant in court;
1. Written complaints, etc., written statements, etc. of D;
1. A list of sales slips;
1. Investigation report (specific as the victim of fraud);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigation (verification of suspect A criminal history);
1. Relevant Article 360 of the Criminal Act and Articles 360(1) and 30 of the Criminal Act concerning criminal facts (the point of embezzlement of deserted articles in possession).