Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On December 21, 2014, the Defendant: (a) obtained one credit card, which was owned by the victim B, on the spot of the department store located in the Busan-dong, Busan-dong; and (b) around December 21, 2014, the Defendant acquired one copy of the credit card.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property that he/she had on his/her own mind and has left the possession of the victim.

2. On December 21, 2014, the Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit Business purchased goods at the “D convenience store” located in Busan Jung-gu, Busan, the Defendant, as seen above, presented the embezzled credit card to an employee to prepare a sales pre-sale ticket, and then used the lost credit card, signed by and acquired the goods at the market price of 18,150 won at that place, and then acquired the goods at the price of 18,150 won at that place. From that time, the Defendant used the credit card lost on a total of 280 occasions from January 11, 2015 as indicated in the list of crimes in the attached Table, and acquired the goods, etc. at a total of 9,707,790 won.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of a detailed statement of approval of a card and CCTV closure photographs to the Acts and subordinate statutes;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (a) (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of lost credit cards) of the Act on Specialized Financial Business, and the selection of each fine for negligence;

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;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;