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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. At around 11:40 on August 5, 2013, the Defendant: (a) cut off the instant shopping bags containing four winners of health food equivalent to KRW 300,000,00 in the market price of the victim B on the floor; and (b) cut off the said shopping bags by taking advantage of the gaps in which he neglected due care.
2. On July 2013, the Defendant embezzled the lost possession without taking necessary procedures, such as returning the victim C’s welfare card to the lower floor or reporting it to the police station or service personnel, in the Yongsan-gu Seoul Special Metropolitan City Mando Man-ro 40-1, which was located in the Seocho-ro 40-1, and then embezzled the lost possession.
3. From July 6, 2013 to September 3, 2013, the Defendant acquired financial benefits equivalent to KRW 271,950 (basic fares 1,050 x 259 x 259) over 259 times, as shown in the attached crime list, by inputting C’s information into the automatic transmitting machine of the Korea Railroad Corporation by using the welfare card specified in paragraph (2) via the welfare card specified in paragraph (2).
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. The police statement concerning B;
1. C's report on damage;
1. Investigation report (public prosecutor command, case of investigation), investigation report (case of usage of transportation cards for the suspect);
1. Application of Acts and subordinate statutes on police seizure records and list of seizure;
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act (the occupation of embezzlement by possession), Article 347-2 of the Criminal Act, and the choice of fines, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;