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Defendant shall be punished by a fine of KRW 1,500,000.
If the defendant does not pay the above fine, 50,000 won shall be paid.
Reasons
Punishment of the crime
1. On September 9, 2012, the Defendant: (a) found one copy of the Victim D-owned C’s cream (Korean bank E) prior to the cash withdrawal of the Korean bank located in Gangnam-gu Seoul building, Gangnam-gu, Seoul; and (b) embezzled it without following necessary procedures, such as immediately returning it to the victim.
2. Fraud or violation of the Specialized Credit Finance Business Act;
A. On September 15, 2012, the Defendant, around 19:18, in settling the food price of KRW 9,700 from Samsung-dong 159 Hyundai department store trade center, Samsung-dong, Samsung-dong, by allowing the victim-owned cream card to be presented and settled as if it was a legitimate right holder, as described in the above paragraph (1), to acquire financial benefits equivalent to the same amount, and used the lost cream card unlawfully as above.
B. On September 15, 2012, the Defendant acquired financial benefits equivalent to the same amount by allowing the victim-owned cream cards acquired as stated in the above paragraph (1) to settle the price of KRW 340,000 at the trade center of the said Hyundai department store, by presenting it as if he/she was a legitimate right holder, and unlawfully used the lost cream cards as above.
C. On September 15, 2012, in settling KRW 10,000 for goods at the trading center of the above modern department store, the Defendant acquired financial benefits equivalent to the same amount by allowing the victim-owned cream cards acquired, as described in the above paragraph (1), to be presented and settled as if they were the legitimate right holders, and used the lost cream cards unlawfully as above.
The Defendant, around September 15, 2012, when settling KRW 10,000 for goods at the trade center of the said modern department store on September 15, 2012, the Defendant, as described in the foregoing paragraph (1), presented the e-mail card, which was acquired, as if he were the legitimate right holder, to settle the payment.