Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On April 12, 2019, the Defendant embezzled, even though he acquired one modern credit card lost by the victim D at the front of the “C Tong Young-si” in the “C Tong Young-si Branch” located in B, around April 12, 2019, due to the failure to take necessary procedures, such as returning it to the victim.

Violation of Specialized Credit Financial Business Act and Fraud

A. On April 13, 2019, the Defendant purchased drinking water equivalent to KRW 1,600 from “F convenience store” located in Tong-si, Si-si, Si-si to pay the above price by presenting the modern credit card acquired to employees in the name of the victim as if they were his own credit card.

Accordingly, the Defendant received drinking water equivalent to KRW 1,600 and used the lost credit card.

B. At around 12:10 on April 13, 2019, the Defendant purchased kins, etc. equivalent to KRW 9,100 at the market price on two occasions within “H points” located in Tong-si, Tong-si, and paid the said price by presenting the modern credit card acquired to employees in the name of the victim as if they were one’s own credit card.

Accordingly, the Defendant received food equivalent to KRW 9,100 and used the lost credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Act and subordinate statutes to report on investigation (as to attaching photographs of details of settlement);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of stolen articles), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of lost credit cards) of the Specialized Credit Financial Business Act, the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;