Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. Around 12:00 on January 10, 2019, the Defendant: (a) embezzled that he/she had on his/her own idea, without following necessary procedures, such as acquiring a national bank cream card, which was lost by the victim B, at the entrance door of the 623-ro, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, and returning it to the victim; and (b) embezzled that he/she had.

2. On January 10, 2019, at around 15:30 on January 15, 2019, the Defendant violated the Specialized Credit Financial Business Act acquired the above tobacco by purchasing one cigarette in D located in Bupyeong-gu Incheon Metropolitan City, and by presenting the e-mail card acquired as indicated in the above e-mail No. 1, the e-mail card to its employees who are victims, as if the e-mail card was one’s own e-mail card, and allowing them to pay 3,000 won of the tobacco value. The Defendant used the lost e-mail card, including using the lost e-mail card, from that time until 18:10 of the same day, purchased the above e-mail card at a business establishment or self-mark, etc. using the e-mail card, thereby acquiring and losing the 54,000 won of tobacco, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes on receipts, cards use details;

1. Relevant legal provisions concerning criminal facts, Article 360(1) of the Criminal Act that prescribes the punishment (the point of embezzlement, the choice of fines), Article 347(1) of the Criminal Act (the point of fraud, the selection of fines), Article 347-2 of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (the point of using a lost debit card, the selection of fines)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she was sentenced to a suspended sentence for the same type of crime, and committed the instant crime.