A defendant shall be punished by imprisonment for six months.

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

Criminal facts

1. On February 22, 2020, the Defendant: (a) obtained the victim B’s cream cards near the subway south Station located in Gangnam-gu Seoul, Gangnam-gu, Gangnam-gu, in order to return them to the victim; (b) but (c) did not take necessary procedures, such as returning them to the victim; and (d) embezzled the Defendant on his/her own thought that he/she had.

2. On February 26, 2020, the Defendant violated the Use Fraud of Computer, etc. and Specialized Credit Financial Business Act: (a) around 20:02, the Defendant was boarding a bus in the subway south Station located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and (b) obtained pecuniary benefits equivalent to KRW 1,200, and used lost debit cards from around 371 to June 15, 202 by allowing one bank cream card in contact with the card terminal without authority and making data processed by entering the information into a computer or other information processing device; (c) obtained pecuniary benefits equivalent to KRW 1,200, and used the lost debit card without authority.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A detailed statement of the card submitted by the victim;

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

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act that allows the choice of punishment (the embezzlement of stolen articles), Article 347-2 of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (the use of lost cards) and the choice of imprisonment, respectively;

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

1. The defendant's crime of sentencing under Article 62 (1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is not good in light of its circumstances, contents, etc., and the defendant has been punished for embezzlement of stolen property.

However, the defendant is against his mistake while committing a crime, and the degree of damage to the victim is against himself.