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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
1. On January 22, 2017, the Defendant embezzled a new debit card in the name of the victim who was lost by the victim C(M, 24 years old) within the Suwon-dong CGV, Suwon-dong CGV, Suwon-dong, Suwon-si, and embezzled it without following necessary procedures, such as returning it to the victim or reporting it to the police authorities.
2. On January 22, 2017, the Defendant violated the Act on Specialized Credit Financial Business: (a) purchased goods equivalent to KRW 4,000 in terms of E in Suwon-si, Suwon-si; (b) settled the payment of the debit card with the aforementioned new debit card embezzled as in the foregoing 1.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. A report on the occurrence (Embezzlement, etc. of occupied items), investigation report (verification of card sites), investigation report (specific information on card sites and CCTV investigation), investigation report (specific information on suspect);
1. Credit card settlement details;
1. Application of the Acts and subordinate statutes governing CCTV photographs and sales slips;
1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act that prescribes the option of punishment (the point of embezzlement of deserted articles in possession), Article 70(1)3 (the point of illegality of use of debit cards) of the Act on Specialized Financial Business for Credit, and the choice of fines;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;
3. Article 70(1) and Article 69(2) of the Criminal Act (one million won per day) to attract a workhouse.
4. Article 59 (1) of the Criminal Act (the punishment to suspend a sentence: Fine of 500,000 won) of the suspended sentence (the fact that the defendant commits a mistake, the fact that the amount of damage was paid by the defendant, the fact that the damage was paid by the defendant, the character, conduct, environment