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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On September 12, 2015, the Defendant embezzled, on September 23:30, 2015, 23:30, the Defendant: (a) obtained one copy of the Korean nationals’ physical card (C) owned by the victim B from the bus stops in front of the bus stops located in Busan Northern-gu, 23:00; and (b) embezzled it without following necessary procedures, such as returning it to the victim.
2. On September 13, 2015, at around 07:29, the Defendant violated the Act on Financial Business Specializing in Credit and the Defendant paid the amount of KRW 1,200 to the KB’s physical credit card, which was obtained as stated in the above Paragraph 1, by presenting that the Defendant was a credit card owned by the Defendant.
In addition, the Defendant obtained a total of 28,100 won by illegally using credit cards owned by B over 25 times, such as the list of crimes in the attached list of crimes.
3. On October 4, 2015, the Defendant attempted to purchase tobacco (fR) KRW 2A 8,600 at the convenience store store located in Busan Northern-gu, Busan, around 13:16, and to present and settle B’s physical fitness card to F, an employee, but the Defendant was confirmed by theft and loss card and failed to perform its intent.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to B or F;
1. A report on investigation (attaching photographs);
1. Application of statutes on records of seizure and lists of seizure;
1. Relevant legal provisions of the Criminal Act concerning criminal facts, Article 360(1) of the Criminal Act concerning the selection of punishment (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 700(1)3 (the illegal use of credit card) of the Act on Specialized Financial Business for Credit, Articles 352 and 347(1) of the Criminal Act (the attempted use of credit card), and the selection of fines;
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 provides that the defendant does not have the same criminal history for the reason of sentencing, and the amount of damage is relatively relatively.