A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On March 29, 2016, the Defendant embezzled, on his own initiative, he did not take necessary procedures, such as acquiring a new card owned by the victim D, and returning it to the victim, from the toilet of the gas station in the Namyang-si, the Defendant worked as the gas station in C in the Nam-si, Namyang-si.

2. The Defendant in violation of the Act on Business Embezzlement and the Regulation of Financial Business Specializing in Credit Services, who is engaged in the business of selling and receiving oil from gas stations while working as oil stations as above, was able to pay 50,000 won in cash at oil prices to gas stations around 18:59 on the same day, and was able to pay 50,000 won in cash using a new card acquired as above and to have cash.

Accordingly, the Defendant concealed 50,000 won in cash received from E from the consignee of the office, and took out the above new card that was kept in his/her own possession machine.

In E, 50,000 won was settled with oil price.

As a result, the Defendant embezzled the oil value of KRW 50,00 received from E for personal purposes while he kept it for the Victim F, the owner of the oil station, and used the lost credit card of another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Written statements of D;

1. Police seizure records and lists and photographs of seized articles;

1. Application of field photographs and CCTV-related Acts and subordinate statutes;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Articles 356 and 355(1) (the point of occupational embezzlement) of the Criminal Act, Article 70(1)3 (the point of unlawful use of credit cards) of the Act on Special Cases of Credit Business, and the choice of imprisonment with prison labor;

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. The reason for sentencing under Article 62(1) of the Criminal Act is against the defendant, and the degree of damage is not significant.