A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On December 7, 2014, the Defendant acquired a copy of Samsung Credit Card, which was owned by the Victim F, from “Eju station” located in Gwangju City, on December 7, 2014.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On December 7, 2014, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) around 20:17, the victim H’s “I”; (b) was found to have been acquired as stated in the foregoing paragraph 1; (c) was committed as if he was a legitimate holder of the Samsung Credit Card; (d) the Defendant offered the above credit card to the employees of the above store; (c) signed the signature column of the sales slip; (d) signed the sales slip; and (e) received from the employees an amount of money equivalent to KRW 140,000 at the market price in total eight times in the same manner as indicated in the list of crimes below; and (e) received property in total equivalent to KRW 3,964,000 in the same day.

Accordingly, the Defendant, by deceiving the victims, received property, and used lost credit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. Documents to be submitted, such as documents of F’s authenticity (use of credit cards);

1. Photographss of CCTV images CDs and photographs of the accused and his family members in the I clothes store;

1. An Oral lease agreement;

1. List of transactions;

1. The CD;

1. Details of use of corporate cards;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Finance Business Act (the point of use of lost credit cards) and the choice of imprisonment for each sentence;

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

1. Article 62(1) of the Criminal Act: