A defendant shall be punished by imprisonment for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

1. The Defendant: (a) around 16:13 September 6, 2013, sent cash in front of the king point of KB National Bank No. 36, KBM devices located in the Dong-si, Seogyeong-si; (b) the Defendant sent cash using the Defendant’s dynamic BD’s physical card.

During the course of the transaction by inserting BD's liquid card into ATM instrument, the Defendant found that there is one copy of KBB National Bank Cze Card, which is the same as that of BE, on the upper left side of the ATM instrument.

이 체크카드는 피해자가 ATM 기기 거래 후 깜빡 잊고 두고 간 것을 다른 사람이 피해자가 되찾아 갈 수 있도록 그곳에 놓아 둔 것이었다.

However, at that time, the Defendant had no special property, and had been using the same account as that of the Dong-in BD with no occupation and monthly income, and had been in bankruptcy in the past. However, the Defendant was under criminal trial as above, and was subject to pressure of funds due to the risk of confirmation or aggravation of the appointment of counsel and fine of KRW 10 million, etc. However, the victim’s physical card was aware that the payment was made when the Defendant used the same as that of the Defendant, and that if signing, it would be possible to settle the account immediately. Thus, the Defendant was able to use it.

After examining the gap in BD’s physical card in the ATM equipment, the Defendant’s physical card was placed on the top of the left side of the ATM equipment, and then extracted from the site following the completion of the transaction, the Defendant’s physical card was placed on the top of the victim’s physical card, and then extracted from the site.

Accordingly, the defendant stolen a physical card owned and managed by the victim at the king point of the National Bank.

2. Fraud;

A. On September 7, 2013, around 13:32, 2013, the Defendant settled the goods purchased from the victim Eart set store located in Guro-gu Seoul Metropolitan Government, and the Defendant’s completion of the BE card that was stolen from the preceding and the former employees is deemed to have been the lawful owner.