A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

1. Around 05:00 on April 10, 2019, the Defendant embezzled the lost property, without taking necessary measures, such as returning it to the victim, even though he/she acquired one copy of the Kakao Bank’s cke card, the victim D lost, in the vicinity of the C University located in Busan National University B, Busan National University.

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On April 10, 2019, around 06:00, the Defendant was provided food, such as 11,000 won at the market price, by presenting the physical card acquired as stated in paragraph (1) as if the Defendant was the Defendant’s card.

Accordingly, the defendant acquired another person's property, and used the check card lost by another person.

B. On April 10, 2019, around 06:40, the Defendant received 4 locks of tobacco amounting to KRW 18,000 at the market price by presenting that he was the Defendant’s card to the employees in default of name, such as Paragraph 1, by presenting that he was the Defendant’s card.

Accordingly, the defendant acquired another person's property, and used the check card lost by another person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the embezzlement of stolen goods), Article 70(1)3 of the Specialized Credit Financial Business Act (the use of lost debit cards by mistake, inclusive) and Article 347(1) of the Criminal Act (the use of lost debit cards by fraud), and the selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;