Defendant shall be punished by a fine of 300,000 won.

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

Punishment of the crime

1. On November 2017, the Defendant: (a) found the C main points located in Gwangju Mine-gu, Gwangju, the end time of November 1, 2017, where the victim D (27 tax) was lost; and (b) found the eck card of Gwangju Bank, the owner of which was the victim D (27 tax).

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. Around December 16:28, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit was presented to the F station located in Gwangju Mine-gu, Gwangju, by presenting the lost e-mail card to the employee of the above station where the name of the victim cannot be known because he/she was aware of his/her legitimate right of use as stated in paragraph 1.

Accordingly, the defendant acquired property by deceiving the victim, and illegally used the check card lost by others.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 360(1) of the Criminal Act applicable to the facts constituting an offense (the embezzlement of possession) under Article 360(1) of the same Act, Article 347(1) of the Criminal Act (the fraud point) and Article 70(1)3 of the Act on Specialized Credit Financial Business (the illegal use of lost e-mail card);

1. Selection of each alternative fine for punishment;

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. The sentence like the order shall be imposed in consideration of the agreement with the victim D on the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the amount of defraudation is a small amount, the fact that the crime is recognized and reflected, and other conditions of sentencing as shown in the pleadings, such as the defendant's age, sex, family environment, motive and circumstance of the crime, and circumstances after the crime, etc.