A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

1. At around 12:20 on April 29, 2013, the Defendant: (a) found an apartment access card that the victim D lost on the roads front of a gas station located in Noh City C; (b) acquired one cell phone case containing Nonghyup C&C; and (c) embezzled the property that he/she had on his/her own mind and has lost, without taking necessary procedures, such as returning it to the victim; and (d) embezzled the property that he/she has left the possession of the victim.

2. On April 29, 2013, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) provided the Defendant’s “G gas station” operated by the Victim F, which was operated by the Defendant, via the H cargo vehicle operated by the Defendant, and (b) provided that the Defendant had a legitimate right to use the NA card lost by D, such as the above paragraph (1), and signed and settled the sales slip; (c) provided the Defendant with the signature and payment of the sales slip; and (d) obtained the Defendant’s intermediate transit equivalent to KRW 60,000 at the market price from the victim and acquired it by fraud, and used the lost physical card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on credit card slips and card transaction statement;

1. Relevant legal provisions concerning 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 of the Specialized Credit Financial Business Act (the point of use of lost check) and selection of fines;

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

1. Articles 70 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;