A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2019 Highest 2258]

1. On October 8, 2019, the Defendant acquired one cash 108,000 won, which was owned by the victim D in front of the “C” located in Busan Northern-gu, Busan, and one copy of a resident registration certificate, one new card, one national card, one Samsung Card, one company corporate card, one copy of the company bank corporate card, one copy of the company bank’s OTP card, one copy of the national bank’s OTP card, one of the market price of KRW 10,000,000, which is located in the market price of KRW 50,000.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

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

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On October 8, 2019, the Defendant purchased goods equivalent to KRW 9,000, such as tobacco, etc., and used the said credit card as if the Defendant had a legitimate right to use the said credit card at the “G convenience store” operated by the Victim F in Busan Northern-gu, Busan, using the D’s new credit card as described in the foregoing paragraph 1.

Accordingly, the Defendant used the lost credit card and received the property by deceiving the said victim from the time to the time of 01:24 of the same day, and used the lost credit card three times in total, such as the list of crimes (1). The Defendant was given property worth KRW 68,700 in total by deceiving the victim.

B. On October 8, 2019, around 06:44, the Defendant purchased goods equivalent to KRW 8,620,00, such as ging, etc. with D’s Samsung Card acquired as stated in the above paragraph (1), from “J convenience store” operated by the victim I in Busan Northern-gu, Busan, and used the said credit card as if the Defendant had been duly entitled to use the said credit card.

Accordingly, the Defendant uses lost credit cards, and received property by deceiving the said victim, from that time until 20:32 of the same day.