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 October 21, 2012, the Defendant, on October 21, 2012, embezzled, without following the prescribed necessary procedures, such as acquiring one string of the market price marks indicating the victim C’s cream card, new bank credit card, driver’s license, etc. within the bus stops located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul, and then returning it to the victim.

2. On October 13, 2012, the Defendant violated the Specialized Credit Financial Business Act: (a) around 20:15, the Defendant, at the “Emiwon” located under the underground of the Yangcheon-gu Seoul Metropolitan Government D Building, used the lost debit card by presenting the No.C. C’s physical card, which was contained in C’s wall A, obtained as above, to pay the service fee of KRW 90,000.

3. The Defendant attempted to acquire pecuniary benefits equivalent to the above amount by presenting the above card as if the Defendant was a legitimate holder of the above card and allowing the Defendant to settle usage fees of 90,000 won, but the Defendant failed to commit an attempted to commit a crime by arresting the police dispatched upon receipt of the report by C and cancelling the payment of the card.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Sales slips;

1. Application of the Acts and subordinate statutes on locking photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Embezzlements of stolen objects: Article 360 (1) of the Criminal Act;

(b) Illegal use of debit cards: Article 70 (1) 3 of the Specialized Credit Financial Business Act (Selection of Fines);

(c) An attempted fraud: Articles 352 and 347 (1) of the Criminal Act;

2. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable.