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Defendant shall be punished by a fine of KRW 300,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. On December 20, 2012, the Defendant: (a) on December 20, 2012, at the Incheon subway, which operated the subway line No. 1 line, found one of the 2.50,00 won of the cream card of the national bank owned by the victim B; (b) one of the cream card of the new bank; and (c) 30,000 won of cash; and (d) one of the b.50,000 won of the market price with the driver’s license.
The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property that he/she had, on his/her own initiative, left from the possession of the victim.
2. On December 20, 2012, the Defendant violated the Specialized Credit Financial Business Act: (a) around 17:59, the Defendant used a debit card, which was lost by each settlement of the price of hambacs equivalent to KRW 2,000 at the market price, by presenting D’s C C’s physical cke card of a national bank owned by B embezzled like the foregoing paragraph (1); and (b) around 18:00 on the same day, at the same place, at the same time, the amount of hambs equivalent to KRW 5,700 at
3. The Defendant, at each date, at each place specified in the above paragraph 2, issued a physical card of a national bank embezzled as if he/she were his/her card, and acquired the hamb and spambafing in an aggregate amount of KRW 700,00 from the victim E, a manager, by deceiving him/her as his/her card.
Summary of Evidence
1. Defendant's legal statement;
1. B written statements;
1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a detailed statement of a national card) and a criminal investigation report (CCTV photograph, etc.);
1. Relevant legal provisions concerning facts constituting an offense, Article 360 (1) of the choice of punishment (the point of embezzlement of stolen articles), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of violation of the Specialized Credit Financial Business Act), Article 347 (1) of the Criminal Act (the point of fraud), and the selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.