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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
1. If any person acquires another's property, he/she shall take necessary measures, such as returning it to the victim;
Nevertheless, on January 20, 2018, the Defendant, from around 15:00 to January 17:50, 2018, found one card lost by the victim B on the street in front of the French branch of Sungnam-si (hereinafter referred to as the "Seongnam-si") and embezzled it at his/her own discretion after acquiring one card from the victim B to the same from January 21, 2018.
2. On January 21, 2018, at around 17:56, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, the Defendant offered one credit card under the name of the victim B, as stated in paragraph (1), to his/her own card, as if he/she were his/her card, and purchased goods equivalent to KRW 3,990, such as beanas and c,000, and used the lost victim’s name card unlawfully.
3. The Defendant continued to purchase goods equivalent to KRW 28,130, such as a mixture of national border distance or a mixture of swine and pets, and presented one credit card in the name of the injured party B, as stated in paragraph (1), as if he were his card, at the same place as paragraph (2). However, the Defendant failed to obtain approval by filing a report on the loss of the card on the card and did not result in an attempted attempt.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of each receipt statute;
1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act (the fraud point), Articles 352 and 347(1) (the point of attempted fraud) of the Criminal Act, Article 360(1) of the Criminal Act (the point of embezzlement of deserted articles in possession) of the Act, Article 70(1)3 (the point of illegal use of credit cards) of the Act on Specialized Financial Business, and the choice of fines, respectively;
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;