The defendant shall be innocent.

1. Facts charged;

A. On May 4, 2014, around 03:00 on May 4, 2014, the Defendant found the victim’s “D clubs” located in Yongsan-gu Seoul, Yongsan-gu and 1st underground floors, 1 US$5, which the victim’s E lost, and 1 US dollars, Samsung Credit Card, and Driver’s License.

The Defendant, while not taking necessary procedures such as returning the acquired property to the victim, etc., he/she embezzled it as he/she had on his/her own idea.

B. On May 4, 2014, the Defendant violated the Fraud and Specialized Credit Financial Business Act, around 03:20 on May 4, 2014, the Defendant settled the amount of KRW 120,000 for Samsung Credit Card Co., Ltd., located in Yongsan-gu Seoul Metropolitan Government, “H clubs,” which was operated by the Victim F, to the employees of the Defendant, as if he were the Defendant’s card, and used it by signing sales slips.

In this respect, the defendant deceivings a person, defrauds property profits from the victim, and uses lost credit cards.

2. As to the above facts charged, there are I’s legal statement, J’s legal statement and statement, and K’s legal statement.

However, this Court stated in this Court that “L” is not itself but is “L” which illegally worked at H clubs, and that “L” is written and signed in the name of J, and it is not admissible as evidence of the J’s written statement.

On the other hand, it is not sufficient to recognize that the acquisition and use of lost credit cards by only each legal statement of I, J, and K is the defendant, and there is no other evidence to acknowledge it.

3. In conclusion, since the facts charged in this case constitute a case where there is no proof of facts constituting a crime, it is decided to sentence innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act as ordered.