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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On January 31, 2019, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Eastern District Court, and the said judgment became final and conclusive on February 8, 2019.
1. Around 17:00 on December 22, 2017, the Defendant acquired a credit card obtained from a person who was aware that he/she was another person’s card, and acquired a credit card in the name of the victim D with the knowledge that he/she was another person’s card.
2. On December 22, 2017, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) presented the credit card acquired in the “G” located in Dongdaemun-gu Seoul, Dongdaemun-gu, to the employees of one’s card-holder, for a tobacco and alcohol amounting to KRW 85,000 in total; (b) obtained financial benefits by settling the purchase; and (c) used the lost credit card of another.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Written statements of victims of D;
1. On-site CCTV internal investigation reports and investigation reports;
1. Previous records of judgment: Application of criminal records, reply reports, and copies of judgment rendered by Seoul Eastern District Court 2018 Godan479;
1. Relevant statutory provisions of Article 362 (1) of the Criminal Act (the point of acquiring stolens), Article 347 (1) of the Criminal Act (the point of fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of using lost credit cards) and the selection of fines for each crime;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
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;