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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. Around 04:00 on October 5, 2018, the Defendant: (a) obtained one credit card of a new bank that was lost by the victim D, but did not take necessary procedures, such as returning it to the victim; (b) on the street in front of the “C” located in Jinju-si B, Jin-si; (c) on the other hand, the Defendant thought he/she had to have had it.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
2. Violation and fraud of the Credit Finance Business Act;
A. From October 5, 2018, the Defendant committed a crime at a gas station around October 5, 2018, around 06:20 on October 5, 2018, at the “F” operated by the victim’s name in Jinju-si, the Defendant presented the credit card of D, as stated in paragraph (1), as if he were his credit card was his own credit card, and had the victim settle the total amount of KRW 57,575.
Accordingly, the defendant deceivings the victim, and acquired the pecuniary benefits of 57,575 won from the victim, and used the lost credit card.
B. Around October 5, 2018, the Defendant committed the crime in G around October 5, 2018: (a) around 06:52 on October 5, 2018, in the “G” operated by the victim’s name in J-si-si, J-si, by purchasing coffee, tobacco, etc., and (b) presented D’s credit card to the victim as if he were his own credit card, and had the victim settle the total amount of KRW 74,300.
Accordingly, the defendant deceivings the victim, thereby acquiring property benefits equivalent to 74,300 won from the victim, and used the lost credit card.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Relevant Articles 360 (1) and 347 (1) of the Criminal Act concerning facts constituting an offense, Article 70 (1) 3 of the Specialized Credit Financial Business Act;
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;