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

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

Punishment of the crime

1. On June 24, 2018, the Defendant found one copy of the Korean Bank CPC’s check, which was lost by the victim D, in front of the CPC room located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, at around 21:05.

Defendant 1 did not follow the necessary procedures such as returning the above-mentioned physical cards to the victim and embezzled his own idea.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On June 24, 2018, the Defendant violated the Act on Financial Business Specializing in Fraudulent Use of Computer, etc. and Credit-based Financial Business: (a) had access to the three unmanned fare settlement machines located in the Bupyeong-gu Incheon Bupyeong-gu, Incheon, to “E” one’s own PC room; and (b) had been installed in the above PC bank’s PC card lost and acquired as its PC card as if it was its PC card.

In addition, it was inserted into a computer for charging prepaid fees and settled 20,000 won of prepaid fees.

As a result, the defendant obtained property benefits equivalent to 20,000 won by inputting information into a computer and other information processing device without authority, and used the lost personal bank check card.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of victims of D;

1. Report on internal investigation (the application of statutes to the verification of CCTV images in the CPC);

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, respectively, for the 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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions shown in the trial process of the instant case, including the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and the circumstances after the crime, are comprehensively taken into account.