1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Punishment of the crime

1. On June 12, 2015, around 13:30 around 14:14:00 around Gwangju Dong-gu, the Defendant embezzled, without following necessary procedures, for his/her own use without acquiring one credit card (credit card number: I) issued by a national bank from which the victim H was lost, and return it to the victim.

2. On June 12, 2015, around 15:23, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, presented H’s credit card as if he were his credit card and purchased one cigarette equivalent to 50,000 won at the market price, such as paragraph 1.

At the same place on the same day, the Defendant continued to present the said credit card to the victim K as if it were one’s own credit card at the same time, and proposed that “30,000 won is paid by the card, and 25,000 won in cash is to be paid by the face-to-face fee of 5,000 won in cash,” and the victim paid 30,000 won by the said credit card at that place, and 25,000 won was given to the Defendant.

Accordingly, the defendant used the lost credit card twice and acquired the total amount of 75,000 property from the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police to K;

1. A H statement;

1. Application of Acts and subordinate statutes to report on investigation (specific person under suspicion, etc.);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act for the choice of punishment (a) (a point of embezzlement of items departing from possession), Article 347(1) of the Criminal Act (a point of fraud) (a point of fraud), Article 70(1)3 (a) of the Act on Business Specializing in Financial Services Specializing in Credit, and the choice of fines, respectively;

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