1. The defendant shall be punished by a fine of 300,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. Around March 30, 2016, the Defendant acquired a copy of a debit card of a national bank in the name of the victim who lost B from the “F” located in Nam-gu, Nam-gu, Gwangju, about 02:00.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On May 4, 2016, the Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit Financial Business presents a debit card obtained as prescribed in paragraph (1) to the victim as if the Defendant was a debit card of the Defendant, and then purchases tobacco at around 04:16, from the “H convenience store” for the use of the victim’s name in Nam-gu, Nam-gu, Gwangju.

A false statement was made.

However, the defendant was not a legitimate holder of the above debit card.

As above, the Defendant: (a) by deceiving the victim as above; (b) obtained a tobacco 200 won equivalent to the market price of KRW 9,000 from the injured party; and (c) by deceiving the victims in a total of four occasions as shown in the list of crimes in the attached Form, the victims were informed of the victims by the above methods; (d) obtained property or property benefits; and (e) used a debit card by presenting a debit card as above and signing it on the sales slip.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Protocols of seizure, list of seizure, each investigation report, and application of Acts and subordinate statutes to photographs;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (a) of the option of punishment (a point of embezzlement of items departing from possession), Article 347(1) of the Criminal Act (a point of fraud), Article 70(1)3 (a) of the Act on Business Specializing in Credit-Related Financial Services (a inclusive of illegal use of debit cards), and the choice of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 333 (1) of the Return Criminal Procedure Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;