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Defendant shall be punished by a fine of 1.5 million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
1. On November 3, 2013, the Defendant, at the location of the guard room at the entrance of Jung-gu, Seoul. B apartment, found one copy of the victim C’s physical check (D) and embezzled it with the intent of acquisition.
2. On November 3, 2013, the Defendant violated the Specialized Credit Financial Business Act, at around 12:32, 2013, purchased goods equivalent to KRW 12,400,00, such as beer and beer, from “FE” located in Jung-gu Seoul Metropolitan Government, and offered C’s new bank body cream card obtained as described in paragraph (1), and had the business owner of the said FE prepare a sales slip, and then, the Defendant signed the above sales slip signature and used the lost cream card as if he were C himself.
3. The Defendant, at the time and place indicated in paragraph 2, committed as if he were C, who is the nominal owner of the said new bank check, and received goods equivalent to KRW 12,400, from the business owner of the said Fmatet, who sent the Defendant to C, i.e., received goods equivalent to KRW 12,400, and around that time, from 14 times to 18:45 of the same day, he/she respectively acquired property or property gains in total from each member shop proprietor by deceiving each member shop proprietor in the same way as indicated in the attached Form C Card usage.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of Acts and subordinate statutes to sales slips-G licensing, and individual approval statements;
1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the point of embezzlement of stolen articles), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of illegal use of check cards), Article 347(1) of the Criminal Act (the point of fraud), the selection of each fine;
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;