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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 28, 2020, the Defendant, on June 28, 2020, found C&C cards owned by the victim B, who was lost by the victim B, adjacent to the events near the mountain beach conference at Ulsan-dong, Ulsan-dong.
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 June 28, 2020, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased the “F convenience store” operated by the victim E located in Ulsan-gu, Ulsan-gu; (b) the market price of which is equivalent to KRW 28,850,00, but, (c) purchased 6 A and plastic bags of which is equivalent to KRW 28,850,000, and (d) presented B’s C physical card under the name of the Defendant as if the Defendant was a legitimate holder, and presented it to the victim as if the Defendant was a legitimate holder, and received goods from the victim.
In addition, from that time until July 11, 2020, the Defendant used the physical card lost on three occasions in total, such as the list of crimes in the attached Table, from that time until July 11:12, 2020, and received property or acquired property benefits equivalent to KRW 77,870 in total by deceiving victims.
3. Around 12:07 on June 29, 2020, the Defendant violated the Specialized Credit Financial Business Act: (a) inserted C physical card in the name of the victim H located in Ulsan-dong G into an accelerator (13) installed at that location, and then settled KRW 9,722 by entering charges, etc. without authority.
Accordingly, the defendant illegally uses the lost physical card and acquired economic benefits by making the data processing without authority to the data processing device such as computer.
4. The Defendant who attempted to commit fraud is equivalent to KRW 30,000 on July 2, 202, at the breabbbbbing of the Victim K in Ulsan-dong, Ulsan-gu, Seoul-gu, at around 04:30.