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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On March 29, 2017, the defendant was sentenced to imprisonment with prison labor for a violation of business by a source of method of water sources, and for the same year.
4. 6. The judgment became final and conclusive.
1. On December 16, 2016, the Defendant embezzled the property that left the possession of the victim without following necessary procedures, such as returning it to the victim, even though he/she acquired one copy of the corporate bank’s public official welfare card (C) on the street near the bus stops in Suwon-si bus stops, which was lost by the victim B in the street near the bus stops in Suwon-si.
2. Violation of Acts in financial business specializing in fraud and credit finance;
A. On December 16, 2016, the Defendant purchased 1 A from the F convenience store in the operation of the victim E located in Suwon-si, Suwon-si, Suwon-si, and calculated the price of the goods to the victim, the Defendant purchased 1 A of Lins tobacco at the F convenience store in the operation of Suwon-si, Suwon-si, and used the above physical card by deceiving the amount equivalent to the above amount and by settling 4,000 won as if the credit card acquired, such as the above paragraph (1), belongs to one’s own card.
B. At around 12:44 on the same day, the Defendant purchased fluor tobacco from the IE for the operation of the Victim H in Suwon-si, Suwon-si, and then calculated the price of the goods to the victim, the Defendant acquired the credit card as stated in the above paragraph (1), and used the credit card by deceiving the amount equivalent to the same amount and by settling the amount of KRW 41,00 as if the credit card was one of its own cards.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to B;
1. Each written statement of E and H (victim);
1. A protocol of seizure and a list of seizure;
1. Copies of seized articles, receipts for re-issuance of the details of purchase, on-site, and data concerning CCTV images;
1. Records before judgment: Application of the text of judgment and summary information inquiry Acts and subordinate statutes;
1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act for the selection of a punishment (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the illegal use of credit cards) of the Act on Specialized Financial Business for Credit, and the selection of each fine;
1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.