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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
1. On March 20, 2014, the Defendant embezzled the lost object embezzlement without following necessary procedures, such as acquiring a new card in the name of the victim that the victim D lost and reporting it to the police agency so that it can be returned to the victim, in C located in a substantial Gu of Cheongju, around March 16:20, 2014.
2. Fraud and violation of the Specialized Credit Finance Business Act;
A. At around 17:05 on the same day as above, the Defendant received beauty service and paid 16,000 won with the above credit card in the name-based “F” operated by the victim under the name-based “F,” which was acquired as above, as if the credit card was one of his own credit cards.
B. At around 18:21 on the same day, the Defendant received meals in the same manner as that of the above paragraph at the “H” restaurant operated by the victim in the name unrefluened statement in the Gu, Cheongju-si, and settled KRW 22,800 with the above credit card.
C. At around 18:46 of the foregoing day, the Defendant received clothes from “I” clothing points operated by the victim under the name unsound in Cheongju-si, U.S., in the same manner as the above paragraph (a), and settled KRW 147,000 with the above credit card.
At around 19:08 of the above day, the Defendant received the clothes in the same manner as the above paragraph (a) from the “J” operated by the victim in the name unsound G in Cheongju-si, and settled KRW 63,000 with the above credit card price.
Accordingly, the defendant used the lost credit card four times, and acquired property or pecuniary profits by receiving property equivalent to the sum of 248,800 won from the victims by using the above credit card.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Details of card use;
1. Application of Acts and subordinate statutes on CCTV screen;
1. Article 360 of the Criminal Act applicable to the crime, Article 360 of the choice of punishment (the point of possession and embezzlement) and Article 347 of the Criminal Act.