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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. On November 14, 2014, the Defendant embezzled that he was deprived of possession, without taking necessary procedures such as reporting it to the police agency or returning it to the victim, by acquiring at the Busan Dong-dong, one copy of the KB National Card (D) in the name of the victim who was lost by C in front of the Busan Dong-dong, Busan, Busan, the Defendant embezzled it to the intention of acquisition.
2. On November 14, 2014, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) purchased tobacco equivalent to KRW 5,300,00 from a convenience store where it is impossible to know the trade name located in the Seocho-dong, Busan on November 14, 2014; (b) purchased one cigarette, cans, and one cans, and one cans, and issued the KB national card to the employees of the above convenience store as if they were the Defendant’s credit card; and (c) had the employees of the above convenience store approve KRW 5,300 with the credit card.
Accordingly, the defendant acquired the above 5,300 won of property interest and used the lost credit card of another person.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A report on internal investigation (on-site verification and attachment of photographs of voluntarily produced articles), investigation report (as to the confirmation of the owner of the KB National Card and hearing of the facts of damage), and investigation report (as to the summary of video recording);
1. Application of Acts and subordinate statutes to photographs of seized articles;
1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost credit card), and selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has the same criminal history as the defendant, the defendant recognized the crime of this case and reflects his mistake, the victim does not want the punishment against the defendant, and the amount of damage is so.