A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

1. On June 6, 2013, the Defendant, at around 00:30 to 01:00, found an undeveloped room in the market value, which includes one credit card owned by the victim D, in the vicinity of the cafeteria located “C” restaurant located in Gwangju-si, Gwangju-si (hereinafter “C”).

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On June 6, 2013, around 01:10, the Defendant: (a) obtained the lost national card, which was owned D, in order to settle the payment for taxi use in front of the F Elementary School located in E (U.S.); (b) obtained financial gains by deceiving the payment of KRW 4,680 from the victim G taxi engineer H as if he was his card; and (c) unlawfully used the lost card.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A certificate of use of the KB National Card;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from a shoter telephone);

1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of illegality of credit card), and the choice of fines;

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

1. Articles 70 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;