Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

1. On March 27, 2015, from around 17:59 to 20:11 on the same day, the Defendant embezzled the property that was lost by the victim B, by acquiring one “KB credit card lost” from the Incheon B’s 41 public notice of traffic vehicle in the city of Cheongju-si, Incheon to operate the Incheon New World department store from March 27, 2015, and embezzled the property from the victim’s possession.

2. On March 27, 2015, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased tobacco equivalent to the sum of KRW 180,000,000, 100,000, 100,000,000 from the victim D, which was operated by the victim D in Seo-gu Incheon, Seo-gu, Incheon, to the extent that it does not impair the identity of the facts charged, the Defendant revised the part of the facts charged to the Defendant, to the extent that it does not infringe on the identity of the facts charged.

Accordingly, the defendant, by deceiving the victim, used the lost credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to A by the police;

1. Application of Acts and subordinate statutes of D;

1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of items departing from possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of lost credit cards) of the Act on Specialized Financial Business, 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. 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;