A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around 04:00 on September 20, 2019, the Defendant: (a) obtained a copy of the tin basin around the 337-ro, Seoul Special Metropolitan City, Nowon-gu, and (b) obtained a copy of the knive card from the Korean bank held by the victim B, who was lost, but did not take necessary procedures, such as returning the said card to the victim.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On September 25, 2019, at around 04:45, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) charged the instant Telecommunication Card owned by the Defendant at the “D convenience store” located in Jongno-gu Seoul Metropolitan Government, and (b) presented 280,000 won to the employees in non-name as if he was his CC card; (c) around 07:51 on the same day, the Defendant paid KRW 1,900 in the same manner while purchasing drinking water from the “E” page located in Mapo-gu Seoul Metropolitan Government; and (d) around the same day, around 08:23, the Defendant settled the total amount of KRW 283,900 in the same way from the “G” PC located in Seodaemun-gu Seoul Metropolitan Government by having 2,000 in the same way.

However, the defendant did not intend to pay the price even if he purchased the above goods, not the owner or legitimate holder of the above physical card.

Accordingly, the defendant, by deceiving the victims, acquired financial benefits and used the lost physical card illegally.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photograph details of card use;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Finance Business Act (the illegal use of lost cards) and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;