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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
1. On August 2, 2020, the Defendant, at around 01:53 on August 2, 2020, embezzled, without following necessary procedures, he/she acquired the Victim B’s physical card at the center of the drinking water plate located in the Seocho-gu Seoul Seocho-gu Seoul, and returned it to the victim.
2. At around 02:00 on the same day as Paragraph 1, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased a malk-dong container at E stores located in Seocho-gu Seoul Metropolitan Government; (b) presented a malk card, as if he was his card, to his employees to pay 2,900 won of the purchase price; and (c) obtained a total of 15 times the market price of 92,00 won through 15 times, such as No. 1 through No. 9, no. 11, and No. 16 of the List of Crimes; and (d) unlawfully used the lost debit card by another person.
3. On 05:34 on the same day as Paragraph 1, the Defendant attempted to commit fraud, at around 05:34, at the ticket office of the D Terminal located in Seocho-gu Seoul Metropolitan Government, to purchase the boom bus table 2, and to settle the purchase price of KRW 65,600, such as Paragraph 1, the Defendant presented the crow card acquired as stated in Paragraph 1 to the personnel of the ticket office as if he was his card was his card, and as indicated in No. 10, 17, and 18, the sum of the market price of KRW 69,600 on three occasions, but it did not go against the wind that is rejected due to shortage or loss of the balance.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. B written statements;
1. Application of Acts and subordinate statutes on CCTV recording, such as a report on the occurrence of the case, a copy of passbook, a report on the investigation accompanied by the approval details of the check card, the approval and investigation report on the B telephone statement, the investigation report on the confirmation of CCTV video recording, receipts, card sales slips, and CCTV video recording;
1. Article 347(1) of the Criminal Act applicable to the crime