Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

1. On September 18, 2015, the Defendant embezzled, without following necessary procedures, the Defendant: (a) obtained one copy of the modern credit card owned by the victim D, and returned it to the victim, at a C bath parking lot located in Daegu Northern-gu, Daegu Northern District; (b) on September 18, 2015, he/she embezzled as he/she thought he/she had.

2. Fraud;

A. On September 18, 2015, the Defendant, at a gas station located in Daegu Northern-gu, Daegu Northern-gu, as mentioned in the preceding paragraph, obtained pecuniary benefits equivalent to the same amount by deceiving an employee who could not know the name of his/her own credit card under the embezzled name, as if he/she were his/her own credit card, and by receiving oil equivalent to 79,764 won at the market price from an employee who was unaware of such fact, and paying it in the said card.

B. On September 18, 2015, the Defendant: (a) obtained a financial benefit equivalent to the same amount by deceiving employees, who were unable to know the names of the embezzled DNA credit cards, as set forth in paragraph (1), at Gel in Busan CityF, as if they were one’s own credit card; and (b) paying out by the said card the amount of 50,000 won at the market price, with the permission of an employee who was unaware of the fact as if they were his/her credit card was his/her own credit card.

3. The Defendant violated the law of financial business specializing in credit was unlawfully using the modern credit card under the name of the D embezzled, as set forth in paragraph 1, twice in the same manner as paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Receipts:

1. Details of card use;

1. Application of the Acts and subordinate statutes on the screen of CCTV closure and CCTV image data;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act for the selection of punishment (the embezzlement of possession, the selection of fines), Article 347(1) of the Criminal Act (the fraud, the selection of fines) and Article 70(1)3 of the Act on Specialized Credit Financial Business (the illegal use of credit cards, the selection of fines)

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;