A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. The Defendant, at the end of August, 2018, acquired a new card lost by the victim C from the store in Seongbuk-gu Seoul (hereinafter referred to as Seongbuk-gu), and embezzled without returning it to the victim. 2. From August 31, 2018, the Defendant violated the Act on Fraudulent and Credit Financial Business: (a) around 04:46, the Defendant was provided with food equivalent to KRW 49,00 at a F restaurant operated by the victim E in Seongbuk-gu Seoul, Seongbuk-gu, Seoul; (b) presented the credit card acquired as his/her credit card as if he/she was his/her own credit card; and (c) thereafter, he/she acquired the same amount of financial benefits at least 50 times, including the acquisition of financial benefits from the same amount of the credit card acquired, and used the lost credit card.

3. The Defendant attempted to commit fraud at the I convenience store operated by Seongbuk-gu Seoul Metropolitan Government Victim H on September 6, 2018, and presented C’s credit card completion, such as paragraph (1), as he/she purchased non-processed goods, as if he/she were his/her credit card in order to pay KRW 4,000, but C was unable to use the credit card by filing a report of loss and making it impossible for C to use the credit card and did not commit attempted crimes. From around that time to September 7, 2018, the Defendant attempted to acquire the pecuniary benefits of KRW 17,500 over four times, such as the list of crimes Nos. 51 to 54, such as the list of crimes, and attempted to receive the pecuniary benefits of KRW 17,500.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes on damage details and the refusal of approval;

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 360(1) of the Criminal Act concerning the selection of punishment (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 Financial Business Specializing in credit, Articles 352 and 347(1) of the Criminal Act (the attempted fraud point) of the Criminal Act, and Articles 352 and 347(1) (the attempted fraud) of the Criminal Act, and the choice of imprisonment for each sentence;

1. The grounds for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.