Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. On May 28, 2016, the Defendant acquired the head of a debit card of a national bank that was lost by the victim C in front of the Seoul Southern-gu, Gangnam-gu, Seoul, on the street around 04:00.

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. On May 28, 2016, at the “D convenience store” located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul on May 28, 2016, the Defendant purchased tobacco from the victim’s name or incompetence, and paid the amount of goods by presenting a debit card issued by a national bank, such as the preceding paragraph, as if the Defendant had been duly entitled to use the tobacco.

However, the above debit card was lost and the defendant did not have the right to use it.

As such, the Defendant, by deceiving the victim and receiving from the victim the 4,500 won of tobacco equivalent to the 4,500 won from the tin, and acquired goods from the victims in total five times in the same manner as shown in the annexed crime list on the same day.

3. The Defendant violated the Act on Specialized Credit Financial Business, at the same time and place as that of the preceding two paragraphs, used a lost debit card by settling the amount of goods with the check card of a national bank embezzled as above.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the occurrence of loss (Embezzlements of deserted articles in possession);

1. Investigation report (E convenience stores and CCTV investigations into F convenience stores);

1. Investigation report (a CCTV investigation into cards using cards, such as D convenience stores);

1. Application of Acts and subordinate statutes to a criminal investigation report (any CCTV investigation and attachment of a detailed statement of use of KB card to suspect moving);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (a) of the choice of punishment, Article 367(1) of the Criminal Act, Article 347(1) of the Criminal Act (a) of the Criminal Act, Article 70(1)3 (a) of the Act on Business Specializing in Credit-based Financial Services, and the choice of fines, respectively;

1. Aggravation concurrent crimes;