Defendant shall be punished by a fine of KRW 80,000.

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

Punishment of the crime

1. On November 6, 2015, the Defendant, from around 21:00 to November 7, 2015, acquired a new card in the name of the victim B’s father-child at the convenience store near the 248-road basin in Seongbuk-gu, Seongbuk-gu, Seoul, with the convenience store near the 248-road basin.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On November 7, 2015, around 01:15, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business was provided with one tenant in the “E EMt” operated by the victim’s name in Gangnam-gu Seoul Metropolitan Government, and the Defendant presented a new card obtained as if the Defendant was the above B, and had the Defendant prepare one copy of the credit card sales slip of KRW 1,400 as the price for the goods, and then deliver it to the member’s signature, and received property equivalent to the above KRW 1,400 from the victim by deceiving the said victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (victim B telephone investigation);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of lost cards) of the Act on Financial Business Specializing in Credit, and the selection 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;