A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. Around 16:00 on March 17, 2020, the Defendant: (a) obtained one e- card owned by the victim D in Seodaemun-gu Seoul Metropolitan Government “C Contracting State” located in Seodaemun-gu, Seodaemun-gu, Seoul; (b) but did not take necessary procedures, such as returning the e- card to the victim; and (c) did so.

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

2. On the 20th day of the same month, at around 08:49, the Defendant: (a) presented the credit card acquired under the name of the Defendant, as referred to in paragraph (1), from “G Office” to “G Office” for the operation of the victim’s name in the same GuF; (b) had the Defendant pay an amount equivalent to KRW 5,000 from the victim to obtain pecuniary benefits equivalent to that amount; and (c) had the Defendant obtain pecuniary benefits from the amount of the said amount from the time to the 12:01 of the same day, such as the entry in the list of crimes in the attached Form.

3. The Defendant in violation of the Specialized Credit Financial Business Act used a lost credit card as stated in the list of offenses at the time and place mentioned in paragraph (2).

4. The Defendant attempted to commit fraud, around 20:21 the same month, presented DNA credit cards acquired as stated in the above paragraph (1) as the Defendant’s card at the “I Mine Chang Station store” in Mapo-gu Seoul Metropolitan Government H, and intended to settle the amount of KRW 5,050,050. However, due to a loss report, the Defendant failed to pay the credit card due to the suspension of the use of the said credit card, and failed to do so.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. Details of cards and settlement;

1. Application of Acts and subordinate statutes to a card and settlement statement;

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), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost credit cards) and Articles 352 and 347(1) of the Criminal Act (the point of attempted fraud).