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

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

Punishment of the crime

1. On April 17, 2018, the Defendant: (a) obtained one card (D) lost by the victim C from around 19:37 to 22:43 in the Southern Dong-gu, Incheon; (b) did not take necessary procedures, such as returning it to the victim; and (c) did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On April 17, 2018, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) purchased tobacco equivalent to KRW 4,500 from F located in Nam-gu Incheon Metropolitan City E on April 22:43, 201; (b) presented C-owned credit cards to the victim G as if he was the Defendant’s credit card; and (c) had the said victim settle KRW 4,500.

Accordingly, the Defendant, by deceiving the victim G, acquired economic benefits equivalent to the above amount from the owner of convenience store in the name of the victim, and used the lost credit card.

Summary of Evidence

Examination of Police Suspect against Defendant

1. Application of C’s written statements to victims, pre-use slips by others, and CCTV of receipts for settlement of suspects to the Acts and subordinate statutes;

1. Relevant legal provisions concerning 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 Finance Business Act (the point of use of lost credit cards), 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;