A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 13, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Seoul High Court on March 13, 201, and completed the execution of the sentence at Anyang Prison on March 21, 2017.

1. Around October 21, 2017, the Defendant embezzled, on October 5, 2017, he/she acquired Samsung Credit Card, New BC Card, Driving License, and Resident Registration Certificate, which was lost by the victim C (44 years) in front of Dobong-gu Seoul Metropolitan Government, and embezzled, one half of which was the victim C (44 years).

2. Around October 6, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, at the main point of “E” located in Seongbuk-gu Seoul Metropolitan Government D, presented C’s new BC card as if he was his card, and paid 2.80,000 won at the drinking price, as if he were his card, at the main point of “E” located in Seongbuk-gu Seoul Metropolitan Government D, and paid 3 million won at a total of four times during that period from around 01:06 on the same day, as shown in the list of crimes.

Accordingly, the defendant used lost credit cards and received property by deceiving victims.

3. The Defendant attempted to commit fraud, at around October 6, 2017, presented C’s Samsung Credit Card, which was acquired from “H located in Seongbuk-gu Seoul Metropolitan Government,” at the main point of “H” in Seongbuk-gu, Seoul, as if it were his/her card, to the victim who was an owner of the main store, and attempted to settle KRW 200,000 with the drinking value, but C failed to file an application for suspension of the card.

Accordingly, the defendant attempted to receive property to deceive the victim, but he attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A detailed statement of card use (a new card, Samsung Card);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of repeated records), judgment / current status of expropriation by individual;

1. Article 360(1) of the Criminal Act applicable to the crime, Article 360(1) of the Act on the Selection of Criminal Punishment (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), and Article 70(1)3 of the Act on the Financial Business Specializing in Credit Business (the loss.)