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

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

Punishment of the crime

1. Around May 30, 2019, the Defendant: (a) obtained a copy of the e-mail card of a new bank owned by the victim D, the victim of which was lost; and (b) did not follow necessary procedures, such as returning it to the victim; and (c) embezzled the e-mail card on his/her own think he/she had.

2. On May 30, 2019, the Defendant violated the Fraud and the Specialized Credit Finance Business Act: (a) purchased precious metals in the name of D having obtained as if he would normally pay goods, such as paragraph (1) at the “F” shop located in Seocheon-si, Seocheon-si; and (b) purchased precious metals equivalent to KRW 50,000 at the market price; and (c) paid the price by presenting the said physical check to the victim who is the owner of the store’s business.

Accordingly, the defendant deceivings the victim, received the property from the victim, and used the lost check card.

3. On May 30, 2019, the Defendant attempted to receive a precious metal equivalent to the same amount from the victim on the name in the above store proprietor’s failure to pay KRW 490,000, as stated in paragraph (1), as the lawful holder of the physical check card acquired as stated in paragraph (2) by re-entering into the “F” precious metal store as stated in paragraph (2) on May 30, 2019. However, the Defendant attempted to receive a precious metal equivalent to the same amount from the victim on the name in the above store proprietor’s failure, but failed to pay the excess amount due to the shortage of the deposit balance of the said physical check.

Summary of Evidence

D Statement of police record on D

1. The application of the payment details of a new card, the report of internal investigation (F CCTV image investigation), the caps of F CCTV images, the closure of CCTV in the G, the closure of the CCTV in the cheon Station, the closure of CCTV in the G, the CCTV investigation into the G, the closure of the C CCTV, and the official announcement of the results of video appraisal;

1. Relevant legal provisions on criminal facts, Article 360(1) of the Criminal Act of the choice of punishment (the point of embezzlement, the selection of fines), Article 347(1) of the Criminal Act (the point of fraud, the selection of fines), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of the lost card, the selection of fines), the Criminal Act.