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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2018 Highest 4158"
1. On August 9, 2018, the Defendant, at around 17:00, found one copy of the Samsung Credit Card, which was owned by the victim C, from the Geumcheon-gu Seoul Metropolitan Government bus stops 99-ro “three bus stops.”
Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.
2. On August 9, 2018, the Defendant violated the Act on Business of Fraud and Credit Business: (a) paid 30,000 won for singing practice, 24,000 won for singing accounts, and 4,000 won for drinking credit, and 4,000 won for drinking credit in the “sing practice place” operated by the victim E in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, to the victim; (b) the Defendant did not have the intent or ability to normally pay the price; and (c) the Defendant was using the lost credit card by paying 58,00 won in total to the victim by presenting the said credit card to the victim as if he were to pay the price normally; and (d) obtained the pecuniary benefit equivalent to the said amount from the victim.
Accordingly, the defendant acquired economic benefits by deceiving the victim and used lost credit cards.
"2018 Highest 4813"
1. On July 22, 2018, the Defendant found one copy of the Korean card (credit number H) owned by the victim G on the front day of Geumcheon-gu Seoul, Geumcheon-gu, Seoul at around 15:00.
Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.
2. On July 22, 2018, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) paid 25,000 won, such as the drinking value, to a victim who was unable to know his/her name in a “hop” where a location is unknown; and (b) the Defendant did not have the intent or ability to normally pay the price; and (c) was a person who was entitled to legitimate right to use G-owned credit cards acquired as described in paragraph (1).