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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
【Criminal Power】 On July 23, 2020, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court, which became final and conclusive on July 31, 2020.
【Criminal Facts】
1. On November 28, 2019, between November 17:43, 201 and 18:43 of the same day, the Defendant: (a) acquired one copy of the instant BBK Bank’s physical card from the victim’s loss to the victim; and (b) embezzled it on his/her own idea without following necessary procedures, such as returning it to the victim; and (c) embezzled it.
2. On November 28, 2019, the Defendant, in violation of the Fraud and the Specialized Credit Finance Business Act, presented the e-mail card in the name B in paragraph (1) to the non-employee as the lawful holder at the E-mail store operated by the victim D in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.
However, in fact, the physical card presented by the defendant was acquired by the defendant from the loss of B, such as Paragraph 1, and the defendant did not have a legitimate right to use the above physical card.
Nevertheless, the Defendant, as seen above, by deceiving an employee, received one drinking water equivalent to the market value of KRW 1,000 from the employee belonging thereto.
Accordingly, the Defendant, as shown in the list of crimes (1) in the attached Form, had the lost physical card used as a lawful holder, received property, and had the lost physical card taken over by deceiving the victims three times from the above date to November 19:54, and used the lost physical card.
3. On November 28, 2019, the Defendant violated the Act on Fraud by Use of Computer, etc. and Specialized Credit Finance Business: (a) contact with B physical cards acquired as referred to in paragraph (1) without authority with the settlement system of vending machines, which are the information processing unit managed by the victims, for the purpose of purchasing drinking water, at an infinite area in Seoul or below, and without authority.