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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. From around 02:00 on December 31, 2017 to around 02:42, the Defendant embezzled, on the roads in Gangnam-gu Seoul Special Metropolitan City, the victim C, having three credit cards (D), with three credit cards (E), and BC card (F) on the roads in front of Gangnam-gu, Seoul, and embezzled, without taking necessary procedures such as discovering the fact that C was placed on the back seat of G taxi operated by the Defendant and returning it to the victim.
2. The defendant who attempted to commit fraud using a computer, etc. or using a computer, etc. on December 31, 2017, operated by the defendant at an unspecified place on December 31, 2017.
G The card terminal installed in G-si paid KRW 10,960,080,000 from that time on two occasions, including paying KRW 10,960 as taxi fares without the consent of the victim, by using the card, from that time until 03:43 of the same day.
Accordingly, the defendant entered information without authority into a computer or any other information processing device and acquired the same amount of financial benefits.
On December 31, 2017, from around 04:08 to January 05:07, 2018, the Defendant attempted to pay 16,800 won in the same manner twice, as shown in attached Table 3, 4, in the same manner, from around 04:08 to January 4, 2018, but was refused credit card approval.
Accordingly, the defendant attempted to acquire property benefits by inputting information into a computer or any other information processing device without authority, but did not bring about an attempted crime.
3. The Defendant in violation of the Act on Financial Business Specializing in Credit was using C’s lot cards, new cards, and BC cards lost as stated in paragraph 2.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of Acts and subordinate statutes on the details of card use;
1. Article 360(1) of the Criminal Act applicable to the facts constituting an offense (the point of embezzlement of possession) and Article 347-2 of the Criminal Act (computer, etc.)