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A fine of three million won shall be imposed on a defendant.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
1. On May 25, 2015, the Defendant, at around C convenience stores located in Dongdaemun-gu Seoul, Seoul on May 25, 2015, found KRW 20,000 in cash, USD 20, USD 1,000, KRW 1,000, KRW 1,000, and 1,000 credit card (E).
The Defendant, without taking necessary procedures such as returning it to the victim, embezzled the Defendant’s thought to have him/her.
A. On May 25, 2015, at around 03:52, the Defendant purchased a 10-day tobacco equivalent to KRW 45,00 from H to 45,00 operated by the victim G in Seongbuk-gu Seoul, Seongbuk-gu, and presented a new credit card acquired as described in paragraph 1 to the salesperson I as if he/she had a legitimate right to use, and settled the lost credit card as if he/she had a legitimate right to use. The Defendant used the lost credit card, and obtained the 10-day tobacco from the damaged person and acquired it by fraud.
B. On May 25, 2015, at around 03:59, the Defendant purchased 10 Ma from L operated by the victim K in Seongbuk-gu Seoul Seongbuk-gu Seoul High Court to purchase 45,000 won of Ma, presenting to M as if he/she had legitimate right to use the new credit card acquired as described in paragraph 1, and settled the lost credit card with M as if he/she had legitimate right to use it. The Defendant used the lost credit card, and obtained the above tobacco 10 from the injured party and obtained the said tobacco 10.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of seizure records and statutes concerning the list of seizure;
1. Article 360 of the Criminal Act applicable to the facts constituting an offense, Article 360 of the Criminal Act (the embezzlement of deserted articles in possession), Article 70 (1) 3 of the Financial Business Specializing in Credit, Article 70 (1) 3 of the Act ( comprehensively including the use of a lost card), Article 347 (1) of the Criminal Act, and the selection of fines, respectively;
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. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.