A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal power] On November 14, 2018, the Defendant was sentenced to one year and six months of imprisonment with prison labor for larceny, etc. in the branch court of the Daegu District Court, and was released on December 24, 2019 and the execution of the remaining sentence was exempted on December 31, 2019 during the execution of the sentence. On May 14, 2020, the Defendant appealed on three years of imprisonment with prison labor at the Daejeon District Court for larceny, but on September 2, 2020, the lower judgment became final and conclusive at that time.

【Criminal Facts】

1. 점유이탈물횡령 피고인은 2020. 1. 30. 23:46경 대구 북구 태평로 161에 있는 동대구역에 정차한 KTX 171호 열차에서, 피해자 B가 분실한 그 소유인 현금 약 12만원, 운전면허증 1장, 대구은행 BC 체크카드 1장, MG새마을금고 체크카드 1장, 현대 신용카드 1장 및 삼성 신용카드 1장 등이 들어있는 시가 미상의 샤넬 지갑 1개를 습득하였다.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

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

2. Fraud and Specialized Credit Financial Business Act (hereinafter “E”) around 11:42 January 31, 2020, the Defendant: (a) purchased one gold ebbbbing in the Daegu Bank BC card of KRW 550,000 at the market price, as described in paragraph (1), with the “E” card operated by the victim D in Busan Jin-gu, Busan, as stated in paragraph (1); (b) purchased one gold ebing in the Daegu Bank BC card of KRW 50,000 at the Busan, and (c) used the above physical ebling card as if the Defendant had a legitimate right to use the above ebric card; and (d) from that moment up to 12:17 of the same day, he acquired the physical ebling card embezzled by the same method three times as listed in attached Table 1 from that date.

3. The Defendant, who attempted fraud, was at around 11:47 on January 31, 2020, with the Daegu Bank BC Cze Card that was embezzled, as described in paragraph 1.