A defendant shall be punished by imprisonment for four months.

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

[criminal power] On February 22, 2018, the Defendant was sentenced to 10 months of imprisonment for fraud, etc. in the Vice-Support of the Incheon District Court. On October 20, 2018, the Defendant completed the enforcement of the sentence in the Ansan Prison.

【Criminal Facts】

1. On December 1, 2019, the Defendant: (a) embezzled the stolen property embezzlement on his/her idea he/she had without following the procedures, such as acquiring one copy of the KB C Cze Card lost by the victim B at the front of the “D” restaurant located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, and returning it to the victim.

2. On December 2, 2019, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) purchased goods to “F” located in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) presented B’s e-mail card, as if he was his card, to the victim and had the victim pay 4,100 won for the goods; and (c) illegally used the stolen other’s credit card.

In addition, the Defendant purchased goods equivalent to the total market value of KRW 64,320 on five occasions, such as the attached list of crimes on the same day, using B’s physical card, and acquired property benefits equivalent to the same amount, and used the stolen credit card illegally.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Financial transaction certificate submitted by the victim;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (the point of fraud), and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 32 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders, Facilitating Lawsuits, etc.