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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On September 2015, the Defendant, at around 15:00, acquired a new bank C/C card (credit number: C) owned by the victim B, which was lost by the victim B at a new bank A/M located in front of the 298 Cheongju University at the Cheongju University at the Cheongju University at the end of September 2015.
Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.
2. On September 25, 2015, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, when paying KRW 40,000,00 for accommodation expenses from E located in Cheongju-si, Cheongju-si, used the card lost by citing the above e-mail card owned by the victim B by presenting the above e-mail at one’s own expense, and acquired a property profit equivalent to 80 times in total as shown in the list of crimes in the attached Table, such as acquiring a property profit equivalent to 518,650 won by removing the payment of the above amount.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Police seizure records;
1. The application of Acts and subordinate statutes to reporting on verifying the amount of card use;
1. Relevant Article 360(1) of the Criminal Act for the facts constituting an offense (the embezzlement of deserted items in possession), Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)3 of the Act for each credit-based financial business (the use of lost debit cards) and the selection of each fine;
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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.