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Defendant shall be punished by a fine of 300,000 won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
1. At around 07:00 on September 22, 2012, the Defendant acquired a new credit card No. 1, No. 3, No. 1, No. 1, and a driver’s license, etc., with which the market price of which the victim D lost on the top of C in Gyeonggi-si, Gyeonggi-si, and No. 1, etc. is unknown.
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 September 22, 2012, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) around 07:10 on September 22, 2012, the Defendant offered the said credit card to an employee, who was unable to know the name of the said convenience store, and signed and settled the said card; (b) received tobacco and food equivalent to KRW 26,500 at the market price owned by the said employee, as described in paragraph (1), from the said employee, inasmuch as he did not have any intent or ability to normally pay the said price at the G convenience store for the management of the victim E in the wife population E, the Defendant
On September 22, 2012, at around 07:47, the Defendant continued to receive food, such as tobacco and alcoholic beverage worth 37,850 won at the victim I’s market price owned by the Defendant under the above method at the J convenience point in the operation of the victim I, which is located in G in the wife population H in Gyeonggi-si, Gyeonggi-do.
Accordingly, the Defendant, by deceiving the above employees, received the property and used the lost credit card.
Summary of Evidence
1. A protocol concerning the police interrogation of the accused;
1. Each statement of D, F, and I;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Relevant statutory provisions of Article 360 (1) of the Criminal Act (the point of embezzlement of stolen items), Article 347 (1) of the Criminal Act (the point of fraud), Article 70 (1) 3 (the point of use of lost credit card) of the Specialized Credit Financial Business Act, and selection of fines for each crime;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;