Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On October 23, 2016, the Defendant: (a) obtained one copy of the Victim B (23 tax) check around the Sungdong Elementary School located in Pyeongtaek-si, Pyeongtaek-si on October 23, 2016; (b) did not take necessary measures, such as returning it to the victim; and (c) did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On October 23, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: (a) purchased a sum of KRW 19,500,00, such as 19,50, at the D convenience store located in Pyeongtaek-si C; and (b) suggested the victim E, who is the head, to pay the said amount by presenting the e-mail card obtained as if he was his own card.

In this respect, the defendant used the lost physical card, and by deceiving the victim, acquired financial benefits equivalent to 19,500 won.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. B written statements;

1. Reporting on occurrence of an event (violation of Acts in financial business specializing in credit);

1. Each photograph;

1. Application of the receipt statute

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 point of fraud) and Article 70(1)3 of the Act on Financial Business Specializing in Credit (the use of stolen check cards);

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. Circumstances in favor of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The confession of the crime at the investigative agency is made, the damage is minor: the suspension of the execution of imprisonment, the punishment of a fine has been made several times for the same kind of crime, and the damage has not been fully supported by all measures to recover from the crime, etc. other: the defendant's age, family relationship, and the crime committed: the sentence is rendered on the grounds of a fine of not less than 5,00,000 won; and