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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 29, 2016, the Defendant found one of the agricultural credit cards (C) lost by the victim B on the way near a high-speed bus terminal located in the dongdong-dong of the East Sea.
Defendant 1 did not take necessary procedures such as returning the above 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. Fraud;
A. On December 29, 2016, at E convenience stores located in the East Sea, around 23:28, 2016, the Defendant, as if he had a legitimate authority to use, presented the credit card obtained from the victim F as stated in paragraph 1 to the victim F, who is an employee, and obtained a letter of call equivalent to KRW 86,00,000 from the injured party, and acquired one from the injured party to receive a letter of call amounting to KRW 86,00.
B. On December 29, 2016, around 23:31, 2016, the Defendant obtained and acquired three cans equivalent to KRW 2,800 from the above victim by means of the foregoing method at the places described in the above paragraph (a).
(c)
On December 29, 2016, at H convenience stores located in G at the same time in the East Sea around December 23:3, 2016, the Defendant acquired 43,000 won of tobacco from the victim’s name influence and acquired it by means of the above methods.
3. The Defendant in violation of the Act on Financial Business Specializing in Credit was using the lost credit cards for three times at the time and place specified in paragraph 2.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to B or F;
1. Related photographs (the screen of the details of the use of the victim's cell phone card), related photographs (CCTV images flograms), and related photographs (the flograms of the I CCTV images);
1. A receipt of card use details; and
1. Application of Acts and subordinate statutes to records of seizure, lists of seizure and photographs of seized articles;
1. Relevant Article 360(1) of the Criminal Act for criminal facts (a) of the same Act, Article 347(1) of the Criminal Act (a) of the same Act, Article 70(1)3 of the Act on Financial Business Specializing in Credit, and Article 70(1)3 of the same Act (a point of using a lost credit card) of the same Act, and each of the choice of imprisonment.