Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal record] On September 28, 2016, the Defendant was sentenced to a suspended sentence of two years on October 6, 2016 to imprisonment with prison labor for fraud, etc., in support of Suwon Fagwon, and the judgment became final and conclusive on November 3, 2016. On November 3, 2016, the Incheon District Court sentenced the Defendant to four months of imprisonment with prison labor for larceny, and the judgment became final and conclusive on January 17, 2017.
In the application for permission to amend the Bill of Amendments on September 5, 2017 concerning this part, the phrase “the judgment became final and conclusive on January 17, 2017” is omitted, but it appears to be due to mistake, so the above correction is made as above.
[Criminal facts]
1. On May 15, 2016, the Defendant: (a) obtained one copy of the physical card of a new bank owned by the victim C (the 26-year old-old) at an insular area (hereinafter referred to as the “Mansan-si”) members of Ansan-si; and (b) embezzled it with the Defendant without following necessary procedures, such as returning it to the victim.
2. Violation of the Act on Financial Business Specializing in credit and fraud;
A. On May 15, 2016, the Defendant settled prepaid game expenses of an amount equivalent to KRW 5,000 in the market price from the “EPC room” located in Ansan-si, a Sinsan-si, the Defendant unlawfully uses debit cards, such as using a new bank check in the name of the victim, such as paragraph (1), presenting that he/she was his/her card, and defrauded the amount equivalent to that amount.
B. On May 15, 2015, the Defendant purchased goods of an amount equivalent to KRW 9,000 at the “G” convenience store located in Ansan-si, Nowon-si, Seoul-si, and subsequently wrongfully used the debit card in the same manner as that of paragraph (a), and acquired it by fraud.
(c)
On May 16, 2016, the Defendant paid the prepaid game expenses of an amount equivalent to KRW 10,000 from 'EPC room' located in Ansan-si, a member-gu, an Ansan-si on May 16, 2016, and used the debit card in the same manner as that of paragraph (a), and acquired it by fraud.
(d)
On May 16, 2016, the Defendant purchased 65,000 won in the 'I' clothes located on the second floor of HH building in Ansan-si, Seoul-si, Seoul-si, and fraudulently used the debit card in the same way as that of paragraph (a) and acquired it by fraud.