A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On September 20, 2017, the Defendant of criminal records is a person who has been sentenced to criminal punishment for the same kind of crime three times, including the receipt of a summary order of KRW 5 million by a fine of KRW 5 million due to the embezzlement of stolen objects possessed by the Seoul Central District Court.

2. Criminal acts;

A. On July 8, 2018, the Defendant embezzled, on the ground that he/she did not take necessary procedures, such as acquiring a credit card card of an enterprise bank lost by the victim C in the vicinity of Gwanak-gu in Seoul Special Metropolitan City, and returning it to the victim, and he/she embezzled it.

B. On July 9, 2018, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased one cigarette of an amount equivalent to 4,500 won at the market price in the “E” operated by the victims’ names in the Gwanak-gu Seoul Special Metropolitan City Specialized Credit Financial Business Act; (b) purchased one cigarette of an amount equivalent to 4,500 won at the market price; and (c) had lost a credit card by deceiving the victims as if he was a legitimate licensee; and (d) received one cigarette from around that time to July 9, 2018; (b) used a credit card lost on 11 occasions as indicated in the attached list of crimes, and obtained property or pecuniary benefits by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C’s statement;

1. Report on the occurrence (embris embezzlement, Specialized Credit Finance Business Act, Fraud), detailed statement of card use, investigation report, CCTV investigation receipt, convenience store receipt, investigation report (investigation of CCTV, etc.), suspect scene, CCTV photograph on the surface of the criminal suspect, and CCTV photograph;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports (A), investigation reports (former and confirm), and Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act for facts constituting an offense (each fraud), Article 70(1)3 of the Specialized Credit Finance Business Act (a violation of each Specialized Credit Finance Business Act), Article 360(1) of the Criminal Act (a violation of each Specialized Credit Finance Business Act), and Article 360(1) of the Criminal Act (a violation of possession embezzlement)