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A fine of KRW 800,00 shall be imposed on the crimes No. 1 and No. 2 in the judgment of the defendant, and a fine of KRW 500,00 shall be imposed on the crimes No. 3 in the judgment.
Reasons
Punishment of the crime
1. On December 28, 2015, the Defendant found one copy of the Daegu Bank BC card owned by the victim D, following the 'C cafeteria restaurant located in Daegu-gu, Daegu-gu B’ on December 28, 2015.
Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.
2. Fraud;
A. On December 28, 2015, the Defendant purchased “G” operated by the Victim F, F, in Daegu-gu, Daegu-gu, Daegu-gu, and settled KRW 20,000,00 in total on two occasions each by 10,000,00,000, by presenting the Embezzlement card in the name of D embezzled, such as paragraph (1), as one of its card.
Accordingly, the Defendant, by deceiving the victim as above, acquired the victim with 20,000 won a total of 20,000 won of the market price through delivery of 40,000 Won.
B. The Defendant, at around 12:46 on the same day, purchased from “J Emt” operated by the victim I in the Seogu-gu Daegu-gu H, and from “J Emt” to “BC card in the name of D, which was embezzled as in paragraph (1), and settled the total amount of KRW 90,000,000, by presenting the D- Daegu Bank BC card that was embezzled as in paragraph (1) as one’s card.
Accordingly, the Defendant, by deceiving the victim as above, obtained the delivery of 20,000 won of tobacco equivalent to the market value of 90,000 won in the same place.
3. Violation of the Act on specialized credit finance business;
A. The Defendant used the credit card lost on two occasions after settling the card as referred to in the above 2-A.
B. The Defendant used the credit card lost by settling the card as referred to in the above 2-B.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A credit card screen or CCTV photograph taken by a person under his/her control;
1. Application of each investigation report (in relation to attaching text messages on the use of cards, attaching data on the details of the use of cards, and withdrawing damaged articles);
1. Article 360 of the Criminal Act applicable to the crime and the choice of punishment.