When the defendant does not pay the above fine, 100,000 won.

1. From around 16:30 on June 26, 2015 to 19:17 on the same day, the Defendant: (a) obtained cash 40,000 won and the market price on which the Defendant’s physical card was included; (b) did not follow the procedures such as returning the card to the victim; (c) took on his/her own idea, he/she did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. The Defendant attempted to commit fraud, around 19:17, 2015, at around 19:17, the business entity called “D” located in Gwangju Mine-gu, and presented the B’s physical card acquired as if he were to do so, thereby deceiving the victimized business owner of the said business, but failed to make payment due to shortage in the balance, and failed to achieve such intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence (Embezzlement of occupied separated objects), internal investigation report (verification of card user, etc.), the application of Acts and subordinate statutes on credit card receipts;

1. Relevant legal provisions concerning criminal facts, Article 360(1) of the Criminal Act that prescribes the choice of punishment (the point of embezzlement and the choice of fines), and Articles 352 and 347(1) of the Criminal Act (the point of attempted fraud and the choice of fines);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the aggregate of the amounts of concurrent crimes prescribed for the attempts of heavier fraud (the above two crimes shall be added up)];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;