Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

On March 25, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for fraud, violation of the Act on Financial Business Specializing in Fraud, and crime of embezzlement in possession at the Busan District Court on April 2, 2016 and the judgment became final and conclusive.

1. Around January 22, 2015, the Defendant embezzled, without following the necessary procedures, such as acquiring one credit card from the victim D, in a lot in Busan-gu, Busan-gu, Busan-do, on January 9, 2015, and returning it to the victim.

2. On January 10, 2015, the Defendant: (a) presented one card to an employee, who is not aware of the name he/she was located in Busan Jin-gu, Busan, as set forth in paragraph (1), as if he/she were the credit card owned by the Defendant; and (b) had an employee pay the amount equivalent to KRW 700 with the said credit card.

In addition, the Defendant acquired a total of KRW 119,460 property profit by using credit cards owned by D in nine times, such as the list of crimes in the attached list of crimes.

3. The Defendant in violation of the Act on Financial Business Specializing in Credit was using the credit card in the above D name acquired by the same method as the above 2 at the same place as the above 2 paragraph.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements prepared in D;

1. A detailed statement and receipt of credit card settlement;

1. CCTV photographs;

1. Previous convictions in judgment: Application of the statutes governing the search outputs of the Nonet case;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)3 (the point of fraudulent use) of the Act on Specialized Financial Business for Credit, and the choice of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;