Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant, as a person with a disability of the second degree with intellectual disability, has committed the following crimes under the status that the defendant lacks the ability to discern things or make decisions due to mental retardation:

1. On January 29, 2020, around 23:00 on January 29, 2020, the Defendant: (a) cut off the gap between the victim D’s TOSS cards (new TOSS cards: E) in the PC room located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

2. On January 29, 2020, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased 2-A tobacco equivalent to KRW 9,000 from the victim’s name in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu; (b) presented the victim as if he had legitimate right to use, and paid 2-A tobacco at the G convenience store located in Nowon-gu in Seoul Special Metropolitan City.

Accordingly, the defendant, by deceiving the victim, acquired property and used a stolen body card.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes stating the use of cards;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act ( point of misappropriation of check cards), and the selection of fines;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. Articles 70 (1) 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;