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

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

Punishment of the crime

1. On December 26, 2016, the Embezzlement acquired one copy of the modern card lost by the victim B in front of the commercial building in Jongno-gu Seoul Jongno-ro 159 Cheongcheon-ro, Jongno-gu, Seoul, Cheongcheon-ro, 159.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. During the process of settling a total of KRW 680,650 on a total of 518 occasions, such as one’s own subways, buses, etc. from December 27, 2016 to September 19, 2017 by using the said victim’s modern card, as seen in the foregoing 1., the Defendant acquired property benefits by entering an unlawful order without authority by means of recognizing the said victim’s card in the public transportation card terminal.

3. The Defendant violated the Act on Specialized Credit Financial Business with a modern card owned by the victim as above 1. The Defendant unlawfully used the same as the above 2.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes on card transactions;

1. Relevant legal provisions for facts constituting an offense, Article 360 (1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 347-2 of the Criminal Act (the fraud by using computers, etc.), Article 70 (1) 3 (the illegal use of lost credit cards) of the Act on Specialized Financial Business, and the selection of fines for each type of fine;

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;