A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

[criminal records] On June 15, 2017, the Defendant was sentenced to a suspended sentence of two years for a period of imprisonment for four months due to fraud, etc. in the Sungnam Support of Suwon Friwon, which became final and conclusive on June 23, 2017.

[Criminal facts]

1. Around November 21, 2015, the Defendant embezzled a new card (C) lost by the victim B (n, 24 years old) at a place where it is impossible to know the location of the party branch of Seongbuk-si, Sungnam-si, by discovering a new card (C) and returning it. Around November 22, 2015, the Defendant, who violated the Act on Specialized Credit Financial Business, denied the use of a new card acquired as referred to in the above “A” by obtaining approval of KRW 60,600, when purchasing tobacco and food at the convenience store D 1st floor, Sungnam-si, Sungnam-si, Seoul-si, by using the same day.

3. The Defendant purchased goods with a new card acquired as referred to in the above “B” and offered an employee as if he were his card, thereby taking property benefits worth 60,600 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. A detailed statement of card use and CCTV photograph;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (formers and confirmations), reporting on the results of previous convictions in disposition, and reporting on the results of investigation (the concurrent crimes relationship after Article 37 of the Criminal Act) shall be applied to statutes;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense, Article 360(1) of the Criminal Act (the point of fraud), Article 360(1) of the Criminal Act (the point of embezzlement of deserted articles in possession), Article 70(1)3 (the point of use of lost credit cards) of the Act on Specialized Financial Business, and the selection of fines, respectively;

1. Subsequent to Article 37 of the Criminal Act concerning the treatment of concurrent crimes: Provided, That Article 39 (1) (limited to cases where each of the above crimes and judgments has become final and conclusive crimes, such as fraud);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act [Aggravation of concurrent crimes with the punishment heavier than that set forth in the largest fraud];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) of the Criminal Act on the suspended execution (the fact that the defendant reflects the defendant's wrong, the amount of damage is relatively small, and the defendant's economic situation is likely.