Fraudulent use of a stolen credit card, theft, fraud
The client learned that an acquaintance kept a lot of cash at home, broke in and took 13 million won, then cut off the phone and moved between motels for about a year, in fear of punishment. When the money ran out the client called on an elderly woman befriended at a bus stop, took her purse while she was in the bathroom and used her credit card. The client was arrested days later and held in custody.
Break in at a friend'sCash stolenStolen credit cardA year on the runHeld in custody
Suspended sentence (집행유예)Criminal
This image is for illustrative purposes and is not a photo of an actual case.
Crimes committed when using a stolen credit card to purchase goods
If you use a credit card from a stolen wallet to purchase goods, you commit the crimes of theft of the wallet (credit card), fraud against the seller, and violation of the Specialized Credit Financial Business Act (illegal use of credit card).
These crimes are considered concurrent offenses, and the most severe crime, fraud, is subject to an additional punishment of up to one-half of the maximum sentence, with a maximum prison term of 15 years.
Recently, I would like to introduce a case in which Joo Youngjae obtained a suspended sentence in a case where the defendant was indicted for residential intrusion, theft, fraud, and violation of the Specialized Credit Financial Business Act.
Facts of the case
In January 2020, the defendant (the client) accidentally learned that an acquaintance kept a large sum of money at home, and broke into the acquaintance's house, stole 13,000,000 Korean won, and fled.
Out of fear of punishment, the defendant canceled his mobile phone and moved between motels, living in hiding for about a year.
When his living expenses ran out, the defendant visited the home of an elderly woman he had met and become friendly with at a bus stop, and while she was in the bathroom, he stole her wallet from her bag and fled.
The defendant then used the credit card in the wallet to purchase necessary items, but was arrested by the police a few days later and detained.
Joo Youngjae's response
Despite the unfavorable situation where the defendant had no means to settle with the victims, Joo Youngjae actively argued for leniency, emphasizing that the defendant committed the crimes out of necessity to survive, that his criminal record was minor, and that he deeply regretted his actions.
Court's ruling
The court accepted Joo Youngjae's arguments on sentencing and, unusually, sentenced the defendant to a suspended prison term even though no compensation had been made to the victims.
Before you read
The results shown here depend on the facts and evidence of each case and the laws in force at the time. Every case is different, so the outcome of one case does not predict or guarantee the outcome of another. This page is not legal advice. For your own case, please confirm through a consultation.
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