A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[Criminal Power] On April 27, 2017, the Defendant was sentenced to imprisonment with prison labor and six months for fraud, etc. at the Daegu District Court, and on September 12, 2018, the Defendant completed the execution of the sentence in the Daegu Prison.

[2019 Highest 1299]

1. Embezzlements of lost possession;

A. On December 17, 2018, around 08:30 on December 17, 2018, the Defendant: (a) found one copy of the Victim D’s C Hospital in front of the Daegu Hospital; (b) did not take necessary procedures, such as returning the same to the victim; and (c) embezzled the Defendant’s thought that the Defendant had.

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

B. Around 17:00 on February 19, 2019, the Defendant, without following the necessary procedures such as acquiring one check card from a national bank lost by the victim F in the Daegu-gu E-gu, Daegu-gu, and returning it to the victim, and embezzled the Defendant’s thought to have.

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

C. Around 03:00 on March 10, 2019, the Defendant embezzled a physical bank card owned by the victim G from the same-sex in Daegu-gu, Daegu-gu without following necessary procedures, such as acquiring one copy of the physical bank card owned by the victim G, and returning it to the victim.

2. On December 18, 2018, the Defendant violated the Fraud and Specialized Credit Financial Business Act purchased one cigarette equivalent to KRW 4,500 at a convenience store located in Jung-gu Daegu-gu, Daegu-gu, for the purpose of purchasing one cigarette equivalent to the market price of KRW 4,500, and, as described in paragraph (1) as if he had legitimate settlement authority, presented the nameless employee to settle the account. From around that time to March 10, 2019, the Defendant acquired property gains of KRW 107,000 over nine times in total and used a debit card lost by another.

Accordingly, the defendant, by deceiving victims, acquired financial benefits, and used the lost debit card by others.