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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

1. On September 14, 2016, the Defendant acquired a copy of KB National Bank Credit Card (E) in the name of the victim D lost on the front side of the “C cafeteria” located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On September 14, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business was provided with food in “G” operated by the victim’s name in Gangnam-gu Seoul, Gangnam-gu, Seoul, and the Defendant, as stated in paragraph (1), presented a credit card to the National Bank of Korea, which was acquired as stated in paragraph (1) as if the Defendant was the said D, and made the Defendant prepare a copy of the credit card sales slip of KRW 21,400 as the price for the goods and used the credit card which was delivered and lost after signing a signature on the member’s signature, and received property amounting to KRW 21,400 from the injured party by deceiving the said victim.

In addition, from that point to 02:11 of the same month, the credit card lost over 16 times, such as the list of crimes in the attached list, was used from that point, and the sum of 1,284,550 won was acquired.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Inquiries about the record of using cards;

1. Application of statutes on the submission of financial accidents;

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, 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;