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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On February 25, 2017, the Defendant embezzled: (a) on February 25, 2017, the Defendant: (b) obtained one copy of our C credit card in the name of the victim who was lost by the victim B on the alley-ro 5-ro Hong-ro, Mapo-gu, Seoul, and (c) did not return it to the victim; and (b) embezzled it on his/her own thought to be used.

2. On February 25, 2017, at around 20:10 on February 25, 2017, the Defendant presented our BC credit card acquired as set forth in paragraph 1 to the victim, who is an employee, whose name cannot be known while purchasing a coffee equivalent to 2,500 won at the “D convenience store” located in Mapo-gu Seoul Metropolitan Government, and used the lost credit card upon receipt of coffee from the victim as the legitimate holder.

3. On February 25, 2017, the Defendant attempted to commit fraud: (a) purchased a Chapter F 20,800 won at F’s convenience store in Mapo-gu Seoul Mapo-gu, Seoul; and (b) had the victim, an employee whose name cannot be known, present the instant BC credit card to make payment by presenting it to the victim, as set forth in paragraph 1; (c) however, B failed to use the card for reporting theft.

Therefore, although the defendant tried to obtain property benefits by using our BC credit card acquired like paragraph 1, he did not use it as a report on loss of B, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on seizure records (voluntary submission), list of seizure, record of card use, and application of investigation reports;

1. Relevant legal provisions of the Criminal Act concerning criminal facts, Article 360(1) of the Criminal Act concerning the selection of punishment (the embezzlement of deserted articles in possession), Article 70(1)3 (the use of lost credit cards) of the Financial Business Specializing in Credit Business Act, Article 347(1) of the Criminal Act (the fraud) and Articles 352 and 347(1) of the Criminal Act (the attempted fraud) of the Criminal Act, and the selection of fines, respectively;

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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.