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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On March 14, 2019, the Defendant was sentenced to six months of imprisonment with labor at the Incheon District Court for the crime of interference with business, and the judgment became final and conclusive on August 20, 2019.

1. On August 21, 2018, the Defendant: (a) up to 13:30 on August 21, 2018, in the vicinity of the 1432 Agricultural Village, the Defendant embezzled, without following the necessary procedures, such as acquiring and returning the victim’s physical fitness card under the name of the victim B lost; and (b) having his/her own idea to have.

2. On August 21, 2018, the Defendant, in violation of the Specialized Credit Financial Business Act, purchased one of the victim D in Bupyeong-gu, Incheon, Bupyeong-gu C and the first floor, and was issued a lawsuit by deceiving the victim by presenting that the victim had the KB national physical fitness card under the name of B acquired as described in the above paragraph (1) as one of his/her card and had it settled the amount of the lawsuit.

Accordingly, the defendant deceivingd the victim and received the property, and used the lost check card.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. CCTV photographs;

1. Report on investigation ( transmission of screen pictures of the details of the investigation);

1. Previous convictions in the judgment: Application of a copy of each of the judgment (In Incheon District Court Decision 2018 High Court Decision 750, Incheon District Court Decision 2019No918, Supreme Court Decision 2019Do9284);

1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act that prescribes the punishment (the point of embezzlement, the choice of fines), Article 347(1) of the Criminal Act (the point of fraud, the selection of fines) and Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost debit cards and the selection of fines)

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (within the scope of adding up the maximum amount of punishment for a crime of violating the Act of the most severe specialized credit financial business and the maximum amount of each of the above crimes);

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

1. The order of provisional payment;