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

1. On August 28, 2016, the Defendant embezzled the property that he/she left possession on his/her own idea, without following necessary procedures such as returning it to the victim, even though he/she acquired one cell phone of the amount equivalent to 500,000 won of the market price, which includes one set of the post office cards owned by the victim D, at 402, Dacheon-si, Seoul apartment house 402, prior to the park event.

2. On August 28, 2016, the Defendant violated the Fraud and the Specialized Credit Finance Business Act: (a) presented D’s post office cards obtained as stated in the foregoing paragraph (1) to the victim as if the Defendant was the Defendant’s card; and (b) used the lost card when the Defendant received liquor equivalent to KRW 130,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A copy of a bankbook and a statement of financial transactions;

1. Application of the Act and subordinate statutes to investigation reports (copis and photographs);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 (the point of use of lost cards) of the Specialized Credit Financial Business Act, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggregate of the maximum amounts of each of the crimes above] among concurrent crimes, Article 37 (1) 2 and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;