A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around June 30, 2017, the Defendant embezzled: (a) on the front side of “D”, a store located in Gwangjin-gu Seoul Special Metropolitan City, even though he/she found one copy of the KB physical card lost by the victim E (n, 33 years of age) but did not take necessary procedures, such as returning it to the victim; and (b) he/she embezzled it on his/her own idea.

2. On July 1, 2017, at around 00:04, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit-Related Business: (a) committed as if he/she had a legitimate right to use the above physical card while making a settlement by presenting the above physical card, which he/she acquired as referred to in paragraph (1), to purchase tobacco 1 in G, a convenience store located in Gangdong-gu Seoul Metropolitan Government F, to purchase tobacco 1.

However, at the time of fact, the defendant did not have any intention or ability to settle the account by other ordinary means as well as there was no legitimate use of the check card.

Nevertheless, the defendant deceivings the victim as above and was delivered to the victim Gap a tobacco amounting to 4,500 won from the seat of the victim.

The Defendant received property or services equivalent to KRW 274,570,00 in total from the victims by using the check card lost by E seven times, as described in the list of offenses, between July 1, 2017 and July 1, 2017.

In this respect, the defendant used lost physical cards, and received property or property benefits by deceiving victims respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The photograph of the cell phone text messages on which the payment was made by the bank of the injured party's citizen bank;

1. Investigation report (to attach data from output of CCTV images in each place using the KB Cze Card);

1. Details of the KB Cze Card and the application of each receipt statute;

1. Relevant Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment, Article 347(1) of the Criminal Act, Article 70(1)3 of the Act on Specialized Credit Financial Business (the use of each stolen credit card), and the Criminal Act.