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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal records] On April 6, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court, and was released on January 30, 2018 in a female prison on parole on March 17, 2018 during the execution of the sentence.
[Criminal facts]
1. Around March 28, 2018, the Defendant embezzled: (a) around 02:00 on the front side of Gwangjin-gu Seoul Special Metropolitan City, one copy of the Victim C (30)’s physical card (D) lost in the name of the victim; (b) but did not take necessary procedures, such as returning the victim to the victim; and (c) embezzled the property that he/she had, on his/her own mind, left from the possession of the victim.
2. On March 28, 2018, around 02:16, the Defendant violated the Act on Specialized Credit Financial Business, such as a computer, etc., and the Act on Specialized Credit Financial Business: (a) obtained 20,000 won from the FPC room located underground of the building in Gwangjin-gu Seoul Special Metropolitan City, by properly completing the said card, as if he had the right to use the said card; and (b) paying 20,000 won to the unmanned charge calculating machine managed by a person who causes damage to his name and loss; and (c) obtained 20,000 won proprietary benefits and illegally using the lost e-mail card without authority.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s written statement, receipt of credit card settlement details, and the application of statutes;
1. Relevant legal provisions concerning facts constituting an offense: Article 360 (1) of the Criminal Act (a) (a point of embezzlement of deserted articles in possession), Article 70 (1) 3 of the Act on Specialized Credit Financial Business (a point of violation of the Act on Specialized Credit Financial Business) and Article 347-2 of the Criminal Act (a point of fraud using computers, etc.);
1. Selection of punishment: Selection of a fine;
1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act [favorable circumstances] Inasmuch as the defendant has a majority of the same military forces, the defendant would make the same mistake. A minor damage is minor;