Theft of 41 credit cards… Payment of 5.48 million won over 97 times
Court “He confessed, but took into account his history of similar crimes and detention period”
Under criminal law, theft: imprisonment for up to 6 years and a fine of up to 10 million won
[서울=뉴시스] Reporter Oh Jeong-woo = A woman in her 20s who picked up and swiped cards left behind by other customers at an unmanned store was sentenced to 1 year and 6 months in prison in the first trial. What was the background to the court’s sentence of imprisonment?
The protagonist of the case, Mr. Baek (27), intercepted 41 credit cards in other people’s names at unmanned stores in Gangdong-gu and Dobong-gu, Seoul over a period of about three months starting in July of last year.
It was discovered that users of unmanned stores such as convenience stores sometimes accidentally leave their credit cards behind after making a payment, and they secretly took other users’ cards, taking advantage of the business owner’s lack of supervision.
Mr. Baek used the intercepted card 42 times at unmanned stores, including other convenience stores, and made payments worth 4.29 million won at unmanned convenience stores. In the process, it was revealed that he deceived store employees by thinking that the stolen card was in his name.
Mr. Baek later expanded the area of his crimes beyond Seoul.
Using the stolen card, he made dozens of small payments for lodging, cosmetics, and PC room use in places such as Suwon, Gyeonggi Province.
It was discovered that Mr. Baek illegally used approximately 5.48 million won 97 times over a period of 3 months until he was caught by the investigative agency.
On March 8, Judge Jae-eun Kim of Criminal Division 13 of the Seoul Southern District Court sentenced Mr. Baek, who was in the first trial on charges of fraud and theft, to 1 year and 6 months in prison.
Judge Kim ruled, “The defendant learned that there was a credit card in an unmanned convenience store that had been accidentally left behind by a convenience store user, and decided to steal it and use it.”
“The defendant has a history of being punished several times for similar crimes,” the ruling continued. “In particular, in 2021, he was sentenced to 1 year and 6 months in prison and 3 years of probation for charges of night-time building intrusion and theft, but he committed the crime again.”
He added, “The number of crimes is very high, the social costs caused by them are considerable, and the damage has not been recovered.”
However, the reason for sentencing was stated as “the defendant confessed to all the crimes” and “the fact that the damage from each crime cannot be considered a very large amount was taken into account as an advantage.”
In Mr. Baek’s case, it is noteworthy that he was sentenced to prison even though it was theft. This is because it is known that there are not many cases where theft leads to imprisonment.
According to Article 329 of the Criminal Act, a person who steals another person’s property is subject to imprisonment for up to 6 years or a fine of up to 10 million won. However, there are many cases where people receive suspended indictment or fines.
In fact, a man in his 60s who stole 2 million won worth of money over 8 years while living homeless near Seoul National University also received a suspended indictment on the 8th.
Of course, if a fine or suspended sentence is imposed for the same crime, a prison sentence may be imposed.
Last May, the Busan District Court sentenced a man in his 60s who stole goods worth 1.3 million won from an unmanned store to two years in prison, saying, “He has been punished six times for theft and fraud.”
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Considering the different backgrounds and circumstances of individuals who commit theft, how can legal systems ensure fair and equitable sentencing practices while also addressing the root causes of criminal behaviour?
## Open-Ended Discussion Questions Based on the Article:
**I. The Crime & its Impact:**
1. **Beyond the legal consequences, what are the broader societal impacts of theft, particularly when it involves exploiting vulnerabilities like unattended credit cards?**
2. **The article mentions Mr. Baek took advantage of a lack of supervision in unmanned stores. What responsibility do businesses have in preventing such crimes?**
What solutions or preventative measures could be implemented to balance convenience with security?
3. **We learn about the emotional and financial toll on the victims who had their credit cards stolen. How can we better support and assist individuals who experience such crimes?**
**II. Legal Proceedings and Sentencing:**
1. **What factors contribute to the
differences in sentencing for similar crimes like theft, as illustrated by the cases of Mr. Baek and the homeless man who stole money over 8 years?**
2. **The article mentions Mr. Baek’s history of similar crimes influenced the court’s decision.
How should the legal system balance addressing repeat offenders with providing opportunities for rehabilitation?**
3. **What are your thoughts on the concept of a suspended sentence versus imprisonment? When is each approach most appropriate?**
**III. Societal Perspectives & Solutions:**
1. **The article highlights the increasing prevalence of unmanned stores. How should society adapt to this trend while addressing security concerns?**
2. **What are some broader social and economic factors that might contribute to individuals resorting to theft?**
How can we create a more equitable society that addresses the root causes of such behaviors?
3. **
What role can technology play in both preventing and addressing theft? Consider both positive and potentially problematic aspects. **
**IV. Reflection & Discussion:**
1. **After reading about Mr. Baek’s case, what are your own thoughts and feelings about the crime and the subsequent sentencing?**
2. **This article presents a snapshot of a complex issue. What further information or perspectives would you like to explore to gain a deeper understanding of theft, its consequences, and potential solutions?**