Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

On October 26, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Busan District Court on November 3, 2017 and the judgment became final and conclusive on November 3, 2017.

1. On September 12, 2016, the Defendant embezzled, at around 19:00 on September 12, 2016, the KB national card which the victim C satisoned on the road in front of the “Ssame Park” located in 600 Busan Jin-gu, Busan, and embezzled it by taking a note of his/her own idea.

2. On September 12, 2016, from around 19:17 to around 19:29 of the same day, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit refers to the following: (a) the Defendant purchased the tobacco equivalent to KRW 22,500, a total of KRW 500 from E convenience stores operated by a person who is not aware of the names located in Busan-gu, Busan-do from around 19:2,50 to around 19:29 of the same day; and (b) the Defendant presented the above-mentioned KB national card to F, an employee, as if he had a legitimate owner; (c) the said F, who believed it, had the said F settle settle the total of KRW 22,500 with the above KB national card, and received the said tobacco from the said F.

Accordingly, the Defendant used the lost credit card, and received property from the injured party by deceiving the F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each police investigation report (collection of damaged tobacco and investigation of CCTV images around the scene);

1. Police seizure records and list of seizure;

1. A photograph of the tobacco product damaged, a payment receipt, a photograph of seized articles, and an abstract photograph of CCTV images;

1. Previous conviction: Application of Acts and subordinate statutes concerning the results of case search;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act for the selection of punishment (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (including fraud and fraud), Article 70(1)3 of the Act on Specialized Financial Business (the use of lost credit cards) and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The order of provisional payment;