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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. Embezzlements of lost possession;
A. On April 12, 2019, at around 20:00, the Defendant: (a) obtained one copy of the new physical fitness card lost by the victim B from the place of active service as 601, the Sungnam-si, Sungnam-si; and (b) did not take necessary measures, such as returning it to the victim; and (c) embezzled another’s property that he/she left in possession on the premise that he/she had to possess.
B. From April 22, 2019, the Defendant
4. From the end of 24.20 hours to the end of the period, the victim C lost one credit card from the place of active service as 601 as the male branch of the Sungnam-si, and did not take necessary measures, such as acquiring one credit card and returning it to the victim, and embezzled another's property that the Defendant had possession with his idea to have.
2. Computer etc. fraud or violation of the Specialized Credit Financial Business Act;
A. On April 12, 2019, the Defendant: (a) 21:5 years after April 12, 2019; and (b) around 21:59, at E branch offices located in Seongbuk-gu, Sungnam-si; (c) 1-A.
The card obtained as mentioned in paragraph (1) was processed by means of settling the price of 10,000 won and 22,000 won in total, without authority, by putting it into the unmanned machine, which is an information processing unit installed therein, and using the lost other person's physical card.
B. On April 24, 2019, the Defendant: (a) around 03:53 on April 24, 2019, at the G PC room of the F1st underground floor in Sungnam-si, Sungnam-si.
The credit card obtained as mentioned in paragraph (1) was processed by putting it into the unmanned settlement machine, which is the data processing unit installed therein, and making a total of 51,000 won by settling the PC fee in total eight times without authority, thereby obtaining property benefits equivalent to the same amount, and using the lost credit card of another person.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of B and C;
1. Application of the regulations on the approval of each card, and the application of photographic Acts and subordinate statutes by cutting down each CCTV image;
1. Article 360 of the Criminal Act concerning criminal facts and the choice of punishment