Defendant shall be punished by a fine of KRW 7,000,000.

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

Punishment of the crime

1. At around November 26, 2019, the Defendant, in possession, embezzled the cards and diskettes containing E-mail cards, etc. owned by the victim D and embezzled that he/she had, without following the prescribed procedures, he/she would have.

2. On November 26, 2019, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) took a taxi operated by the victim, whose name cannot be known in the vicinity of the said C, and moved to a G completion store located in Gwangju Mine-gu F; (b) settled the amount of KRW 3,300 with the said e-mail card in the name of D, the lawful holder of the e-mail card acquired, such as described in paragraph (1), and acquired the above 3,300 won and used the lost e-mail card.

3. On November 26, 2019, the Defendant attempted to purchase one game machine equivalent to 424,900 won at the H completion point, which is the store operated by the victim with no knowledge of the name located at the above G completion point on November 26, 2019, and to settle the 424,900 won with the above e-mail card in the name of D, which is the legitimate holder of the e-mail card acquired, as described in paragraph (1), and to acquire pecuniary benefits equivalent to the above e-mail card. However, the Defendant failed to commit an attempted crime without having obtained the payment approval of the above e-mail card due to lack of balance.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Cards of card transactions and text messages;

1. Application of the Acts and subordinate statutes on CCTV photographs;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the use of lost credit card), Articles 352 and 347(1) of the Criminal Act (the use of lost credit card), the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;