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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. Embezzlements of deserted articles in possession;
A. A. On May 8, 2017, the Defendant, on the part of the victim C, was aware of his/her possession without following necessary procedures, such as acquiring one copy of the current M2 credit card owned by the victim and returning it to the victim, in the street nearby the trade in Seongbuk-gu, Sungnam-si, Sungnam-si.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
B. Around May 10, 2017, the Defendant: (a) obtained a new physical card owned by the victim and returned it to the victim in the street near the trade in Seongbuk-gu, Sungnam-si; and (b) did not take necessary procedures, such as taking a new physical card owned by the victim and returning it to the victim.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
2. Violation of Acts in financial business specializing in fraud and credit;
A. On May 8, 2017, the Defendant committed a crime at convenience store: (a) the convenience store operated by the victim’s name inf. 105 of the building F. 105 in Sung-nam-si, Sungnam-si; and (b) the amount equivalent to KRW 45,00,00 by presenting C’s credit card acquired as mentioned in paragraph (a) to an employee of the above store’s name in the manner of presenting the card as if he was his card.
A. The payment of 1 Bolus tobacco was made.
However, the above credit card was found to have lost C, such as Section 1-A, and there was no right to use the credit card to the defendant.
The Defendant received from the above employees the same kind of tobacco, and used the lost credit card, and received goods.
B. From May 8, 2017, the Defendant committed a crime at G convenience store: (a) around 08:17, at the G convenience store operated by the victim I located in Seongbuk-gu, Sungnam-si; and (b) at the G convenience store, the amount equivalent to KRW 45,000,000, by having completed the acquired C’s credit card as stated in paragraph (a) and presenting it to the victim as if he were his card.
A. The payment of 1 Bolus tobacco was made.
However, the facts are above.