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 has no fixed occupation.

A. On August 18, 2017, the Defendant acquired the KB national card that was lost by the victim C ( South, 30 years old) in the Han River-ro, Gwangjin-gu, Seoul, Seoul, at around 14:00, on August 18, 2017.

In such a case, no measure was taken even though the victim should be returned to the police or reported to the police authorities.

Accordingly, the defendant embezzled the property that has been separated from another person's possession.

B. Around August 20, 2017, around 17:59, the Defendant acquired property equivalent to KRW 38,420,00 in total nine times as follows, by suggesting that the card obtained from paragraph (A) in Dongdaemun-gu Seoul Metropolitan Government (State) E, as if he/she was his/her card, was purchased goods equivalent to KRW 13,820, the market price of which is equivalent to KRW 13,820.

Accordingly, the defendant used the card lost by the injured person on nine occasions and acquired the total amount of 38,420 won.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports (written confirmation of use of credit cards);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)3 (the point of fraudulent use) of the Act on Specialized Financial Business for Credit, 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;