Defendant shall be punished by a fine of 300,000 won.

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

Punishment of the crime

The defendant is a person who lacks the ability to discern things or make decisions due to intellectual disability (Grade III).

1. On August 17, 2014, the Defendant embezzled de facto embezzlement without following necessary procedures, such as acquiring one debit card of a national bank between the victim C and returning it to the victim, from the platform (airport side) of the Gayang Station 9 Seoul subway Line on August 17, 2014.

2. On August 17, 2014, the Defendant violated the Specialized Credit Financial Business Act: (a) purchased one cigarette of the amount equivalent to KRW 20,000 at the 1st E store of Gangseo-gu Seoul Metropolitan Government D 1st floor; (b) presented a debit card of a national bank in the name of the above convenience store to an employee under the name of the above convenience store; and (c) used another person’s debit card acquired by settling payments.

3. The Defendant, at the same time and place as referred to in Paragraph 2, made a false statement as if he could pay for the goods when he/she was provided to an employee of the above convenience store, who is the victim.

However, even if the defendant purchases goods, he/she did not have the intent to pay the price because of his/her idea to pay the price by a debit card.

Nevertheless, the Defendant received 20,000 won of Hansan tobacco 1st to the victim, and then presented C's debit card obtained as stated in paragraph (1) and acquired the property by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. A report on generation and an investigation report (CCTV analysis and investigation);

1. A written statement of victim C;

1. Application of Acts and subordinate statutes on card receipt;

1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the embezzlement of stolen objects), Article 70(1)3 of the Specialized Credit Financial Business Act (the illegal use of debit cards), Article 347(1) of the Criminal Act and the selection of fines;

1. Article 10 (2) and (1), and Article 55 (1) 6 of the Criminal Act that is legally mitigated;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse;