Defendant shall be punished by a fine of 300,000 won.

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

Punishment of the crime

1. On August 1, 2017, the Defendant, at around 01:00, acquired one card in the name of the victim C (33 years) and lost, from the bus B M6117 operated in Seoul to Kim Spo-de, from around August 1, 2017.

Defendant 1 did not take necessary measures such as returning the other person’s property acquired as above to the victim, and embezzled the other person’s property that left the possession.

2. On August 1, 201, the Defendant violated the Act on Specialized Credit Financial Business: (a) paid an amount equivalent to KRW 10,300 in the “E” store located in Kimpo-si D around 01:01 on August 1, 201, using a credit card acquired under the name of the victim, as seen in the foregoing paragraph (1); and (b) on the same day, around 01:19, the Defendant paid an amount equivalent to KRW 7,00 in the G’s cafeteriaF.

In this respect, the Defendant used lost credit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Application of data on approval of credit cards, mobile phone text pictures, and Acts and subordinate statutes on receipt for re-issuance;

1. Relevant Article 360 of the Criminal Act concerning facts constituting an offense, Article 360 of the Criminal Act concerning the selection of punishment (the embezzlement of items departing from possession), Article 70 (1) 3 (the use of lost credit cards) of the Act concerning financial business specializing in credit, 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects the Defendant’s mistake.

The agreement was reached with the victim.

However, even though the defendant had had the record of being sentenced to suspension of indictment several times due to larceny, he again committed the crime of this case, and there is a possibility of repeating the crime.

The decision is judged.

In addition, the punishment shall be determined by comprehensively taking into account the amount of damage, the age, occupation, sex, family relationship, living environment, circumstances leading to the crime, etc. as shown in the records, such as the circumstances after the crime.