A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal record] On November 25, 2016, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Incheon District Court, and completed the execution of the sentence on October 22, 2017.

[Criminal facts]

1. On January 24, 2018, the Defendant embezzled the lost cards (credit cards) of the victim D at the bus stops located in Bupyeong-si, Seocheon-si, Busan, and then embezzled on his/her own idea without following necessary procedures, such as obtaining the new cards (credit cards) lost by the victim D at the bus stops located in Busan-si, and returning them to the victim.

2. On January 24, 2018, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around 14:09, the Defendant presented the credit card acquired, as described in paragraph (1), at the Incheon Bupyeong-gu E and the “G” restaurant operated by the victim F, to the victim as if he/she was himself/herself, and paid the amount of food equivalent to KRW 15,000 at the market price. From that time to January 25, 2018, the Defendant paid the amount of goods, etc. by the said credit card 19 times in total, as described in the list of crimes in the attached Table.

Accordingly, the defendant acquired a total of 142,400 won property interest, and used another person's credit card unlawfully.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, H, I, F, J, K, L, M, and N;

1. A report on the occurrence of loss (Embezzlement, etc. of abandoned articles in possession);

1. A detailed statement of approval of cards, CCTV photographs and new cards, each credit card slips, each credit card slips, photographs of the former credit card cards (verification of business numbers), and photographs of the former credit card cards;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, (A), an investigation report (prior convictions, etc. for repeated crimes), five copies of the judgment, and one copy of the judgment and one copy of the confinement status of individuals;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act for the choice of punishment (the embezzlement of deserted articles in possession), Article 347(1) of each Criminal Act (including each of the crimes listed in Nos. 7, 8, 9, No. 12, 13, and No. 14 through 19, each of the crimes listed in No. 7, 8, 9, No. 12, 13, and No. 14 through 19, each of the crimes listed in the List of Crimes) of the Criminal Act, Article 70(1)3 (including illegal use of credit cards, all of them), each of the

1. Article 35 of the Criminal Act for aggravated repeated crimes.