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 January 16, 2017, the Defendant, in collaboration with B, embezzled a cell phone consisting of the victim C at the degree of 73, 73 (Aamambae 5, ambadong 5), the Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with a view to having the Defendant, without following the necessary procedures, such as returning the cell phone to the victim, even though he/she found the cell phone consisting of the victim C from the 3rd female toilet at the high-scale National University (Aambae 5, ambadong 5).

2. Violation of the Act on Financial Business Specializing in Fraud and Credit. The Defendant, jointly with B, purchased goods, such as tobacco, etc. equivalent to KRW 77,000, totaled from the F convenience store managed by the victim E in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, from January 16:04 to June 13, 2017, and acquired C’s physical personal card, as described in paragraph (1), and presented it as if the Defendant had a legitimate title, thereby allowing the victim to calculate the price of the said goods, thereby obtaining the money from the victim and acquiring it, and using the lost debit card.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the suspect B of the police;

1. A written statement of C and E;

1. A receipt using the victim C's physical fitness card;

1. Mobile phone photographs owned by the victim C;

1. Protocols of seizure;

1. Application of Acts and subordinate statutes concerning reporting on occurrence of an event;

1. Articles 360(1), 30 (a), and 360 (a) of the Criminal Act regarding criminal facts; Articles 347(1) and 30 (a) of the Criminal Act; Article 70(1)3 of the Act on Business Specializing in Credit; Article 30(1)3 of the Criminal Act; Article 30 (a) of the Criminal Act (a point of use of lost debit cards); and 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;