Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
1. Around August 16, 2013, the Defendant acquired one set of Samsung Samsung Card (D) in the name of the mother used by the victim B on the street in the crosswalk of the Dong-dong Embrate Mag-gu, Young-si, Gadong-si, Gidong-si, Gidong-si.
The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled his/her thought that he/she had.
2. No person who violates the Specialized Credit Financial Business Act shall sell or use lost or stolen credit cards or debit cards;
Nevertheless, at around August 16, 2013, the Defendant purchased 10,000 won of the net gold-in 2.40,000 won from the Samsung-gu 1st floor Fice store of the building Heung-gu, Young-gu, Young-gu, Gung-gu, Young-si, and the Defendant settled 2.40,00 won and used the lost credit card unlawfully.
3. On August 16, 2013, the Defendant acquired KRW 2.40,00,00, 100,000,000 from the above Fice store, and acquired it by suggesting the Samsung Card acquired to the two point G, which is one’s own.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared B;
1. Seizure records;
1. Sales slips;
1. Application of the receipt statute
1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the point of embezzlement of stolen articles), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost credit cards), Article 347(1) of the Criminal Act (the point of fraud), and selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentence was imposed by taking into account the following factors: (a) the Defendant reflects the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the Defendant was the primary offender; (c) the amount of damage was not much; and (d) some of the money deposited in the name of the actual