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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On July 8, 2016, the Defendant discovered one unclaimed card of the market price, including the victim’s driver’s license, lot card, national credit card, national physical fitness card, etc., at the center of C Hospital located in Seoul Central-gu Seoul Metropolitan Government, and came to have one at his/her own idea.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
2. The Defendant violated the Fraud and the Specialized Credit Financial Business Act, even though he did not have the right to use the credit card and debit card acquired as set forth in paragraph (1), did so as to use it as if he had the right to use or own the said card.
On July 9, 2016, at around 03:54, the Defendant purchased two cigarette at the “F convenience store” of the victim in Jung-gu Seoul, Jung-gu, Seoul, and received goods by deceiving the victim to use the lost credit card by settling the amount of KRW 9,000, as if the Defendant had completed the credit card as stated in paragraph (1) to the employee as if he were his own credit card.
In addition, the Defendant used the credit card and debit card lost by the same method nine times in total as indicated in the attached list of crimes from that to July 9, 2016, and received property worth KRW 247,070 in total market value by deceiving the victims.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement made to D by the police;
1. Details of notification of text messages approved for cards;
1. A statement of disbursement of a cards and a statement of disbursement of a national card;
1. On-site photographs;
1. Report on internal investigation (verification of details of credit card settlement for a victim);
1. Application of Acts and subordinate statutes to investigation reports (for victim D's damaged goods);
1. Relevant Article 347(1) of the Criminal Act (Fraud) and Article 360(1) of the Criminal Act for criminal facts, the choice of punishment, and Article 70(1) of the Specialized Credit Financial Business Act.