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Reasons
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(영문) 부산지방법원 2018.01.11 2017고정2229
여신전문금융업법위반등
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A fine of KRW 1,00,00 for the crime No. 1 in the judgment of the defendant, and a fine of KRW 1,00,000 for the crime No. 2 in the judgment.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. On December 2, 2016, the Defendant: (a) found one copy of the modern card lost by the victim D, which was lost due to his/her damage to his/her body due to his/her negligence, and (b) embezzled the Defendant’s thought to have been held by himself/herself without following necessary procedures, such as returning it to the victim; (c) around December 22, 2016, the Defendant purchased interest from the vending machine distribution at the 1st floor located in the Busan metropolitan city located in 206, as described in paragraph (1) and paid KRW 5,700 using the lost credit card as described in paragraph (1), from that time to May 20, 2017, the Defendant lost the amount of the said credit card by settling the payment with the credit card amount of KRW 1,034,80 in total over 242 times as stated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocols of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes on investigation reports (the details of use of cards, 67 pages of investigation records);

1. Relevant Article 360 of the Criminal Act concerning facts constituting an offense, Article 360 of the Criminal Act concerning the selection of punishment (the embezzlement of items departing from possession), Article 70 (1) 3 (the use of lost credit cards), and Article 70 (1) 3 (the use of lost credit cards), and the selection of fines;

1. Article 32 (6) and (1) of the Act on Corporate Governance of Financial Companies and Article 5 subparagraph 29 of the Enforcement Decree of the same Act, which are subject to separate taxation for 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;

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