A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

[2] On December 12, 2018, the Defendant was sentenced to 10 months of imprisonment for fraud, etc. in the early branch of the Chuncheon District Court on July 12, 2019, and the execution of the said sentence was terminated in the Chuncheon Prison on July 12, 2019. On November 27, 2019, the same court was sentenced to 10 months of imprisonment for fraud, etc. and the said judgment became final and conclusive on December 5, 2019.

[Criminal facts]

1. On July 16, 2019, the Defendant: (a) found one copy of the corporate bank cream card lost by the victim B at the early beginning of the Gangwon-si; and (b) did not take necessary procedures, such as returning it to the victim; and (c) embezzled it on his/her own thought.

2. On July 16, 2019, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased coffee at the D coffee shop located in Gangwon-si, Gangwon-si; (b) settled an amount equivalent to KRW 8,200 by presenting it to his/her own card, as if he/she was his/her card, to the victim’s name, an employee of the said coffee shop; and (c) from that time paying 1,937,520 won over 84 times in total, as shown in the annexed Table of Crimes List of Crimes, the Defendant paid 84 times in the same month, and instead used the e-mail card lost by B.

Summary of Evidence

1. Legal statement of witness E;

1. B written statements;

1. Details of passbook transactions;

1. Report on internal investigation (related to the history of using the lost card);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the progress of the case in trial, confirmation of repeated crimes, and ex post facto concurrence);

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of lost physical card) of the Act on Specialized Credit-Related Financial Business, Article 360(1) of the Criminal Act (the use of lost physical card), the selection of imprisonment for each type of crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.