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. On February 4, 2017, the Defendant found one modern card owned by the victim E prior to the D convenience store located in Busan Jin-gu, Busan, about 15:00, around February 4, 2017.

Defendant 1 did not take necessary procedures such as returning the above 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. On February 5, 2017, the Defendant attempted to larceny, at around 21:08, posted the modern card under the name of the E acquired, as described in the above paragraph 1, in a cash withdrawal machine managed by the front branch of the Busan Bank, which was established at the same place, from around 21:08, the Defendant attempted to collect at least 7 million won on two occasions, but did not commit an error in the password and failed to commit such act.

3. On February 5, 2017, the Defendant violated the Act on Financial Transactions Specializing in Fraud and Credit Business presented that the modern card acquired in the name of E, such as the above paragraph 1, in the GPC room located in Busan, Busan, was one’s own, and its employees paid 20,000 won of the fee. From February 5, 2017 to February 13, 2017, the Defendant used the credit card by the above means as above and provided goods or services totaling 429,410 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of the details of card use;

1. Application of the statutes on the face of a suspect;

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 360(1) of the Criminal Act concerning the selection of punishment (the embezzlement of deserted articles in possession), Articles 342 and 329 of the Criminal Act (the point of attempted larceny), Article 347(1) of the Criminal Act (the point of fraud) and Article 70(1)3 (the point of use of credit card) of the Act on Specialized Financial Business, and the choice of fines, respectively;

1. Articles 10 (2) and 50 of the Criminal Act for statutory mitigation;

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

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.