점유이탈물횡령등
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[criminal records] On November 24, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act, and the above judgment became final and conclusive on April 26, 2018.
[Criminal facts]
1. Crimes by defendants;
A. On July 19, 2017, at around 06:40, the Defendant embezzled the property that he/she had, without taking necessary measures such as returning it to the said victim, he/she embezzled the property that he/she had possession of the said victim, after discovering and acquiring the victim’s Samsung Card 1 and driver’s license in front of C, located in Busan Dongdong-gu, Busan.
B. On July 19, 2017, around 06:55, the Defendant violated the Act on Specialized Credit Financial Business and the F convenience store located in Busan East-gu, Busan-dong-gu, 1. A. At least as if the Defendant was the genuine holder of the Samsung Card, as stated in paragraph (1). At all times, the Defendant presented the said card to the employees, and used the credit card acquired by purchasing a tobacco amounting to KRW 4,500 of the market price, and then acquired the credit card by acquiring the said employee’s total amount of KRW 4,500 from the said employee.
2. Joint crimes with G;
A. On July 19, 2017, the Defendant and G returned to HY (H) passenger cars on which Defendant G used at around 07:00 on July 19, 2017, and the Defendant and G agreed to purchase tobacco, etc. with D’s Samsung Card acquired as stated in the above paragraph 1. On July 19, 2017, the Defendant was at the J convenience store located in Busan Metropolitan Government YI as if the Defendant was the genuine holder of the above Samsung Card. Around July 19, 2017, the Defendant presented the above card to its employees, and purchased tobacco, etc. worth KRW 93,000 at the market price of KRW 90,000 on the same day, around 07:25, at L located in the Busan Metropolitan City, Busan Metropolitan City K, and around the same day, at around the same day, the amount of KRW 90,000,000 at the market price of the above Samsung Card’s convenience store of around 07:390.
Accordingly, the defendant and G are competing with each other to acquire credit cards through a total of three times.