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Defendant shall be punished by a fine of KRW 700,000.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Reasons
Punishment of the crime
1. On July 8, 2015, the Defendant acquired cash 83,000 won, which was taken by the victim D, who was on board from the back seat of the taxi for business use operated by the Defendant, on the front of the tack-dong located in the tack-dong located in Busan Seo-gu, Busan, and the victim’s market price on which the national bank’s credit card is unknown.
The defendant did not follow necessary procedures such as returning the above acquired property to the victim and embezzled the property that he left the possession of the victim.
2. The Defendant in violation of the Act on Specialized Credit Financial Business, at the time and place specified in the above paragraph (1), was found on the card terminal of the above-mentioned taxi operated by the Defendant.
D Using the credit card in the name of the national bank, 15,060 won was lost by making it settled.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. A log of operation records;
1. Application of relevant Acts and subordinate statutes for reporting internal accidents (the details of recovery of damaged wallets and CCTV in the mound of the leader);
1. Relevant Article 360 of the Criminal Act concerning facts constituting an offense, Article 360 of the Criminal Act concerning the selection of punishment (the embezzlement of items departing from possession), Article 70 (1) 3 (the use of lost credit card), and Article 70 (1) 3 (the use of lost credit card), and the selection of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The main sentence of Article 186 of the Criminal Procedure Act bearing the costs of lawsuit;