A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around September 2018, the Defendant found one pre-paid card to be possessed by the victim D in the vicinity of the sub-branch of the Association C, Young-gu, Chungcheongnam-gu, Cheongju-si.

The Defendant did not take necessary procedures, such as returning the 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 October 3, 2018, the Defendant purchased one tobacco of an amount equivalent to 3,000 won from “F” convenience store located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, to the victim G who is an employee, at around 20:51, and presented that the pre-paid card, as described in paragraph (1), was recorded as the Defendant’s pre-paid card, and had the victim settle the price with the said card, and received one tobacco from the victim.

Accordingly, the defendant was given property by deceiving the victim.

3. The Defendant attempted to commit fraud, around October 3, 2018, purchased one USB equivalent to 14,000 won from the victim G at the place specified in paragraph (2) around 20:55, and presented the above pre-paid card to the victim G as if the Defendant was a pre-paid card, and had the victim settle the payment with the above card, and then suspended the crime by himself/herself.

Accordingly, the defendant had attempted to receive property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The Defendant’s defense counsel following a petition, card use records, sales slip photographs, investigation report (CCTV analysis), CCTV closures, claimed that the Defendant’s defense counsel “the Defendant: (a) laid off one pre-paid card; and (b) tobacco and USB paid by pre-paid card owned by the Defendant; and (c) according to the above evidence, the Defendant’s defense counsel is charged by using the victim’s shotcoin.