A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence Nos. 3, 6, and 7 (Seoul Northern District Court No. 781, 2016).

Punishment of the crime

"2016 Highest 1578"

1. Crimes related to victims C;

가. 점유 이탈물 횡령 피고인은 2016. 1. 15. 03:00 경 서울 강남구 역삼동에 있는 ‘ 뱅뱅 사거리’ 인근 상호 불상의 술집 앞 노상에서, 피해자 C이 분실한 피해자 소유인 신한 신용카드 1 장, 운전 면허증 1 장이 들어 있는 시가 10만 원 상당의 지갑을 습득하고도 이를 피해자에게 반환하는 등 필요한 절차를 밟지 아니한 채 자신이 가질 생각으로 가지고 갔다.

B. On January 15, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around 17:24, 2016, at the “F” bank for the operation of the victim E in Seongbuk-gu, Sungnam-si, the Defendant used the lost credit card by presenting the new credit card acquired as stated in the above paragraph (a) to the victim as if he had a legitimate authority; (b) obtained one half of the amount equivalent to KRW 198,000 at the market price from the victim to obtain the said property from the victim.

2. Crimes related to victim G;

A. On February 6, 2016, around 10:25, the Defendant: (a) committed theft with KB credit card No. 1, which was owned by the victim G, which was offered by the victim G on the cash withdrawal machine in Seongdong-dong, Seongdong-gu Seoul.

The place between victims is the cash withdrawal at the bank heading branch of the National Bank, which is under the management of the National Bank. As such, the credit card is deemed to belong to the possession of the manager, and thus, the Defendant’s taking of such credit card constitutes larceny (see Supreme Court Decision 88Do409, Apr. 25, 198). (b) A Defendant violating the Act on Financial Transactions Specializing in Fraud and Credit, around February 10:56, 2016, presents the victim’s name in Seongdong-gu Seoul, Seongdong-gu, Seoul, as if he had a legitimate title to the victim.