Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. Around 09:00 on January 23, 2017, the Defendant: (a) acquired one copy of the Victim C (the remaining and the age of 74) card in front of the remodeling construction site located in Gwanak-gu, Seoul Special Metropolitan City; (b) did not take measures such as returning it to the victim; and (c) embezzled it without reporting it to the victim; and (d) embezzled it.

2. Around January 19:40 on January 23, 2017, the Defendant violated the Act on Specialized Credit Financial Business: (a) purchased a total of KRW 356,000,00 for male swater 1, tension 1, and Bab 2, within the “E” clothing shop in Gangnam-gu Seoul, Gangnam-gu Seoul; (b) presented the Victim C’s Nonghyup Card that was in possession as above in the above paragraph (1) to F (55 years old), which is the principal owner of the clothing store; and (c) unlawfully used the said BC Card that was paid by signing and settling the clothing price.

3. The Defendant, like the above 2, deceivings the victim F by presenting the other person’s credit card to the victim F, the principal owner of the clothing store, as if he own the other person’s credit card, and by allowing the victim not aware of the fact to settle the amount of KRW 356,00,000, thereby obtaining the money of clothes equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

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 (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of credit card loss) of the Act on Specialized Financial Business, and the selection of fines, respectively;

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 concerning the order of provisional payment;