Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. Around 15:00 on June 16, 2016, the Defendant acquired a new head of the Victim D (26 years of age) card (credit number E) in front of the main point of “C” located in Jongno-gu Seoul Metropolitan Government, Jongno-gu.

The defendant did not make an effort to return the above acquired property to the police authorities by reporting it to the victim, and embezzled it on his own idea.

2. Around June 16, 2015: (a) around 15:39, the Defendant violated the Act on Financial Business Specializing in Credit and used computers, etc.; (b) paid an amount equivalent to KRW 30,000 from the “G gas station” located in Seongbuk-gu Seoul, Seongbuk-gu Seoul; (c) as if he had the right to use the e-mail card in the name of the victim acquired as referred to in the preceding paragraph; and (d) made the said amount settled through a credit card terminal installed therein.

Accordingly, the defendant acquired property benefits by illegally using the e-mail card that he acquired, and by inputting the information without authority into the data processing device such as a computer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Duplications of photographs and victim credit cards;

1. Application of Acts and subordinate statutes for report on internal accidents (time when vehicles under suspicion are operated by a person under suspicion);

1. Relevant legal provisions of the Criminal Act, Article 360 (1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 347-2 of the Criminal Act (the fraud by using computers, etc.), Article 70 (1) 3 (the use of lost debit cards) of the Act on Specialized Financial Business for Credit, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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