Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

1. Around January 11, 2013, the Defendant embezzled de facto stolen items: (a) around 16:40, at Gangseo-gu Seoul Metropolitan Government, he discovered a physical bank card of a new bank that was lost by the victim D, who was located far from the floor of the site, and (b) embezzled it without following the procedures such as return of lost items.

2. On January 11, 2013, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) purchased goods, such as the above C, 25,390 won in the market value, and (b) purchased 1 franchi fechi equivalent to 25,390 won in the market value, and (c) made payment by presenting the check card in the name of D obtained as above, and (d) made payment from around that time to 17:43,00 won in total, as described in the separate sheet of crimes, by the following method from around the same day to 17:43,00 won.

Accordingly, the defendant used the lost physical card and received property by deceiving the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Written petition of D;

1. A full statement of the personal approval, such as details of use of the new bank’s check;

1. A report on investigation ( CCTV at a place where CCTV was generated) and a CCTV-cap screen;

1. Application of Acts and subordinate statutes to investigation reports (specific suspects);

1. Relevant legal provisions concerning criminal facts, Article 360(1) of the Criminal Act (the embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 (the illegal use of lost check) of the Act on Specialized Credit Financial Business, and the selection of fines for negligence;

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.