A defendant shall be punished by imprisonment with prison labor for three months.

Punishment of the crime

On May 19, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. in the Daejeon District Court's Incheon Branch of the Daejeon District Court on April 12, 2018 and completed the execution of the sentence in the official prison.

Criminal facts

1. On April 21, 2018, around 03:44, the Defendant: (a) went to the drinking house of the victim C’s operation located in Asan City, Asan City; (b) the victim went to the guest; and (c) then, 70,000 won, cash 470,000 won, and 470,000 won, consisting of the victim’s cell phone case; and (d) one credit card was stolen in the name of the victim.

2. Violation of the Specialized Credit Financial Business Act, and fraud;

A. On April 21, 2018, the Defendant, around 04:06, presented the opportunity to settle the amount of KRW 88,000 from the “F,” operated by the victim on the fourth floor Asan-si E-4, Asan-si, to pay the amount of KRW 88,00,00 in the name card (number omitted) in the name of the victim, as in paragraph (1), as the victim was entitled to legitimate use, and was provided with the same amount of KRW 88,00 by the victim.

Accordingly, the Defendant, by deceiving the victim, acquired the pecuniary benefits equivalent to KRW 88,00, and used the stolen credit card illegally.

B. On April 21, 2018, around 05:17, the Defendant: (a) presented the victim the opportunity to settle KRW 170,000 from the H’s name, which is operated by the victim under the name in Asia-si G; (b) and (c) presented the victim as if he/she had a legitimate right to use the credit card; and (d) received the payment of KRW 170,000 from the victim.

Accordingly, the Defendant, by deceiving the victim, acquired the pecuniary benefits equivalent to KRW 170,000, and used the stolen credit card illegally.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site ct v photographs;

1. His previous convictions.