1. On June 2019, the Defendant: (a) acquired a certificate of foreign exchange card lost by a victim and a victim AO on a street near the Jung-gu Incheon, Jung-gu, Incheon; and (b) obtained a certificate of foreign exchange card lost by the victim AO.

The Defendant, as seen above, embezzled the credit card acquired without following necessary procedures, such as returning it to the victim.

2. On June 5, 2019, the Defendant attempted to commit fraud, around 00:52, at AP 5th AP bank in Jung-gu Incheon, Jung-gu, Incheon, and the Defendant failed to commit an attempted crime, even though he presented the card in the name of the victim and presented it to the employees in the name of the victim as if the Defendant had legitimate right to use, and attempted to pay KRW 30,000,000, as well as to pay the fee.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement ofN and AR;

1. Investigation report (Investigation of A QPC search);

1. Application of the Acts and subordinate statutes to the CCTV photographs of QPC, text messages, cards and photographs on the use of victim's DNA cards, and the log pictures;

1. Relevant provisions of the Criminal Act and Article 360(1) of the Criminal Act for the crime, the choice of punishment, and Articles 352 and 347(1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the sentencing reasons under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act recognize and reflects the Defendant’s mistake, and the fact that the Defendant was sentenced to imprisonment on September 5, 2019 with respect to the larceny crime committed at the same time similar to the instant case, and is currently pending in the appellate court judgment after being sentenced to a separate trial on September 5, 2019, including the fact that the instant case was later prosecuted and was subsequently tried separately, as well as the following circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime