A defendant shall be punished by imprisonment for one year.

Criminal facts

[criminal history] On August 17, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Seoul Southern District Court, and on October 14, 2015, the Seoul Central District Court sentenced four months of imprisonment with prison labor for a violation of the Railroad Safety Act, etc., and completed the execution of the final sentence on August 25, 2016.

[Criminal facts]

1. On April 15, 2018, the Defendant, at the construction site of Seodaemun-gu Seoul Metropolitan Government, found one copy of the victim’s cards (E) lost from the victim’s D at around 15:00, and embezzled as he/she thought he/she had without following necessary procedures, such as returning the cards to the victim.

2. Fraud;

A. On April 15, 2018, around 17:00 on April 15, 2018, the Defendant: (a) committed as if he/she had the right to use the card in the name of D, which he/she acquired as described in paragraph (1), at H “H” store; (b) purchased the clothing of KRW 10,000; and (c) presented the credit card to the victim.

Accordingly, the defendant obtained a letter equivalent to KRW 10,00 from the victim, that is, from the victim, and acquired it by fraud.

B. On April 15, 2018, the Defendant, around 17:01, operated a victim’s name in the Yeongdeungpo-gu Seoul Metropolitan Government F, and operated as if he/she had the right to use the card in the name of D, which he/she acquired as described in paragraph 1 at “I” store, and purchased 138,000 won in total, stitts, etc., and presented the credit card to the victim.

Accordingly, the defendant obtained the sentence of 138,000 won in total from the victim's seat and acquired it by fraud.

(c)

On April 15, 2018, the Defendant purchased a bank of KRW 30,000 and presented a credit card to the victim as if he/she had the right to use the card under the name of D, as described in paragraph 1, at the “K” store operated by the victim’s name in the J Underground shopping district of Yeongdeungpo-gu Seoul Metropolitan Government.

In this respect, the defendant belongs to the injured party.