Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

1. Around 08:00 on January 13, 2013, the Defendant acquired a foreign exchange card (credit number : C) lost by the victim B on the street in front of the play farm located in Ansan-si, Nowon-gu, Nowon-gu, 754.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. On January 13, 2013, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) by deceiving the said employee by suggesting that the card obtained, as referred to in the preceding paragraph, to an employee in his/her name, was his/her own card; (b) purchasing alcoholic beverages equivalent to KRW 37,600 on two occasions from the said employee; (c) purchasing raw papers equivalent to KRW 216,600 on two occasions from the “FE” located in the same Dong around 09:25 of the same day; and (d) purchasing raw papers equivalent to KRW 216,600 on two occasions from the “HE” located in the same Si of Ansan-si around 11:20 on the same day; and (e) by purchasing the electric materials of KRW 89,300 in the same way as above from the “HE” located in the same Si on the same day.

Accordingly, the Defendant received a total amount of KRW 343,50 by using the credit card lost by another person five times in total.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. B written statements;

1. Police seizure records;

1. Application of Acts and subordinate statutes on credit card settlement;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the illegal use of lost credit cards) and the selection of fines for negligence;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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