Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

1. On December 8, 2016, the Defendant, at around 18:30 on December 201, 2016, acquired a new physical card owned by the victim C (25 years old) or the lost property in the vicinity of the new forest basin located in the Southern-ro, Seoul Special Metropolitan City, the Southern-gu, Seoul Special Metropolitan City Southern-ro.

Defendant 1 did not take necessary procedures such as returning the above 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. On December 9, 2016, the Defendant attempted to commit fraud at “F pharmacy” in the “F pharmacy” management of the victim E located in Gwanak-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) around 10:00 on December 9, 2016, despite the purchase of a drug, the Defendant presented the above physical card and attempted to obtain a drug equivalent to 5,000 won from the victim, and obtained the drug through delivery, but failed to achieve that intent by refusal of approval.

Summary of Evidence

1. C’s statement;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 360(1) of the Criminal Act that prescribes the choice of punishment (the point of embezzlement and the choice of fines), and Articles 352 and 347(1) of the Criminal Act (the point of attempted fraud and the choice of fines);

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;