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

Where the defendant does not pay the above fine, one day shall be 10.

Punishment of the crime

1. On October 30, 2018, around 10:00, the Defendant: (a) obtained a new card lost by the victim C, but did not take necessary procedures, such as returning it to the victim; (b) on October 30, 2018, the Defendant thought he/she had to have.

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

2. On October 30, 2018, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) purchased tobacco of an amount equivalent to KRW 27,220 won in total at E Convenience stores located in Busan Dong-gu, Busan; (b) purchased 4,220 won in total at the market price; (c) 3, and 2, etc.; and (d) used the lost credit card to obtain economic benefits by avoiding the payment of the above amount by presenting the credit card obtained as if the victim’s name was the legitimate holder; and (d) making the payment to the victim’s name, who was the manager.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation (as to the details of use of a credit card), and report internal investigation (as to the closure and attachment of the credit card market name obtained at a convenience point);

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 (the point of fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost credit card), and selection of fines;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 1 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;