Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

1. On September 1, 2014, the Defendant embezzled the deserted articles in possession at the Defendant Company C, located in Pyeongtaek-si B, without taking necessary procedures, such as returning the victim, even though the victim D, who is an operator of the said company, was unable to take one credit card lost.

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

2. On September 4, 2014, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) presented a credit card lost to the victim’s name in the F convenience store located in Osan-si E, Osan-si, as he was the legitimate licensee, and (b) received 1 A of tobacco equivalent to the market price of KRW 2,700 from the damaged party; (c) around that time, from September 26, 2014 to September 26, 2014, the Defendant presented the said credit card in the above manner, as described in the list of crimes in the attached Table, and obtained property or pecuniary gain from the victims totaling 3,871,670 won.

Therefore, the defendant used lost credit cards illegally, and acquired the victims by deceiving them with property or pecuniary benefits equivalent to 3,871,670 won.

Summary of Evidence

1. Statement made by the police with regard to victims D;

1. Details of use of credit cards;

1. Application of the relevant Acts and subordinate statutes to the petition;

1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of items departing from possession), Article 347(1) of the Criminal Act (the fraud point), and Article 70(1)3 (the use of lost credit cards) of the Act on Specialized Credit Business;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.