Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

1. On April 26, 2019, the Defendant: (a) obtained the Korean body card lost by the victim B prior to the 386 radio wave in Songpa-gu Seoul, Songpa-gu, Seoul around 386 p.m.; (b) did not follow the procedures such as returning it to the victim; and (c) embezzled the said card as he/she had thought to have.

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

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On April 26, 2019, the Defendant paid food costs at a restaurant located in Songpa-gu Seoul Metropolitan Government, and presented the above physical card to the business owner as if he was his card, and settled KRW 11,000.

B. On April 26, 2019, around 15:10 on April 26, 2019, the Defendant purchased a glass license at an Ansan store located in Songpa-gu Seoul Metropolitan Government, and paid KRW 39,000 for the price by presenting the said glass card to the business owner as if he/she was his/her card.

C. At around 15:51 on April 26, 2019, the Defendant paid user fees at a singing room located in Pakistan-gu Seoul Metropolitan Government, and paid 220,000 won to the business owner by presenting the above physical card as if he was his card.

Accordingly, the defendant used the lost physical card and acquired the total of 2.70,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of police interrogation regarding E;

1. The statement of the accused (including each receipt);

1. Application of B’s written laws and regulations;

1. Relevant legal provisions for 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, Article 70(1)3 of the Specialized Credit Financial Business Act (the point of fraud), and the selection of each fine;

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