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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
[criminal power] On August 23, 2007, the defendant was sentenced to a suspended sentence of 2 years for a period of 6 months with prison labor for fraud, etc. at the Sungwon District Court Sungnam branch on January 22, 2009, which was sentenced to a maximum of 8 months of imprisonment with prison labor for fraud, etc. at the Suwon District Court on January 22, 2009 and on January 30, 2009, the above suspended sentence was invalidated upon the final judgment. On October 28, 2009, the execution of the sentence was completed at the Busan Prison.
【Criminal Facts】
1. Around 08:00 on September 8, 2012, the Defendant acquired a copy of the Kocheon-dong, Seocheon-gu, Seoul, Seocheon-gu, a national bank cream card that was lost by the victim B in his/her possession.
The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
2. Fraud or violation of the Specialized Credit Finance Business Act;
A. On September 8, 2012, around 08:17, the Defendant purchased tobacco at the D convenience store located in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 2012, and presented one copy of the National Bank C's physical credit card under the name of the Defendant, as if the Defendant was B, to an employee under the name of the Defendant, and had the said employee prepare a credit card sales slip equivalent to KRW 27,000, and signed and issued it, and then used the lost debit card, and then acquired it by fraud from the said employee of the said amount of KRW 27,00,000 at the market price.
B. On September 8, 2012, the Defendant, at around 09:18, paid a marina price in the “F” located under the “F” located under the “U.S.-U.S. building 201, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City, and presented one copy of the C&C, which was acquired as above, to an employee under the name of B as if the Defendant was his/her name, and had the said employee prepare a credit card sales slip equivalent to KRW 110,00, and signed and issued it.