However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

1. From around 02:00 on August 8, 2016 to around 03:00 on the same day, the Defendant: (a) left the victim D’s friendly E in the front of Gangnam-gu Seoul on the street; (b) acquired the check of KRW 300,000 of the market price, including two KB’s physical cards owned by the victim and one new physical card, on the back of the taxi F-based operated by the Defendant; but (c) embezzled the Defendant’s thought to have the victim, without following necessary procedures, such as returning the victim.

2. Around August 8, 2016: (a) around 06:18, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: (b) presented the KB’s national card (I) acquired as referred to in the above paragraph (1) at “H” located in Gangdong-gu Seoul Metropolitan Government, as if he/she had a legitimate possession of his/her card; (c) provided gas charging amounting to KRW 31,694; and (d) offered the above national card at “K convenience store” located in the former J around 06:35 of the same day as he/she had presented it as his/her legitimate possession, thereby allowing the victim to settle the name of the employee of the convenience store; and (d) acquired or lost property profits equivalent to KRW 13,50,00 by acquiring or losing property profits equivalent to KRW 19,50,00 from the name of the employee of the damaged food store by presenting it to the damaged food manager at around 08:25 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each receipt; and

1. Application of the Acts and subordinate statutes to taxi photographs, convenience stores photographs, and lock photographs;

1. Relevant legal provisions for criminal facts, Article 360(1) of the Criminal Act (a) of the choice of punishment (a crime of embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (a crime of fraud), Article 70(1)3 (a) of the Act on Specialized Financial Industry (a crime of using lost debit cards) and the choice of imprisonment, respectively, (a).