Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. Around August 2016, the Defendant embezzled, as he/she had no necessary measure, such as acquiring a copy of credit card in the name of the victim B humping around Busan-dong, Busan-dong, and returning it to the victim.

2. Violation of Acts in financial business specializing in fraud and credit finance;

A. On August 5, 2016, at around 02:06, the Defendant used a F taxi operated by the victim E to the hospital located in the Busan Western-dong, Busan-gu, Busan-do, and suggested as if he had been duly entitled to use the credit card with the above-mentioned B’s name. The Defendant had the victim pay the amount equivalent to 11,200 won of the taxi fee with the above-mentioned card, thereby preventing the victim from paying the price. The Defendant used the card lost by B.

B. On August 5, 2016, at around 02:09, the Defendant purchased goods, such as tobacco 1, son, and son’s milk, from “G convenience store” located in Busan Seo-gu, Busan, the Defendant presented as if he had been duly entitled to use the credit card under the said B’s name. The Defendant had the victim pay the price of the goods with the said card in an amount equivalent to KRW 23,200 by allowing the victim to pay the price of the goods with the said card, thereby obtaining pecuniary benefits equivalent to the same amount, and used the card lost by B.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. A police investigation report (related to a police report on a taxi boom, a photo-related to the suspect, a photograph-related to the suspect, and the details of the use of the F card terminal belonging to Young-nam taxi);

1. Application of the receipt statute

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (a) (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of lost credit cards) of the Act on Specialized Financial Business, and the selection of each fine for negligence;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.