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

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

Punishment of the crime

1. At around 00:10 on September 7, 2019, the Defendant: (a) obtained one copy of the KB people’s physical fitness card lost by the victim C in front of the Dongdaemun-gu, Seoul Special Metropolitan City.

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

2. Violation of the Fraud and the Specialized Credit Finance Act;

A. On September 7, 2019, around 01:52, 2019, the Defendant presented the above e-mail card, as if there was a legitimate right to use the said e-mail card, and had the said e-mail card settle one of the 2,800 won of the market price, and used the lost e-mail card.

B. At around September 12:49, 2019, the Defendant purchased tobacco 1 dust (A) from G operated by the non-persons who received the victim's name cards in Seojin-gu, Seoul Special Metropolitan City on September 7, 2019, and had 45,000 won approve in the same manner as that of the preceding paragraph, and acquired the same property and used the lost physical card.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on occurrence (Fraud, specialized credit finance business, and embezzlement of lost possession);

1. A report on internal investigation (related to the search of victims and CCTV images);

1. Copy of a receipt;

1. Application of the Act and subordinate statutes to report on investigation (Securing CCTV images taken in the form of a suspect);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of an lost debit card, including the point of use of an lost debit card), and 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;