A defendant shall be punished by imprisonment for four 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. On November 5, 2015, around 20:00, the Defendant: (a) was on the street near the Gangnam-ro 20, 154-ro, Seocheon-gu, Seocheon-si; (b) obtained a new credit card by the victim C, but did not take necessary procedures, such as returning it to the victim; and (c) the Defendant thought he/she was on his/her own.

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

2. Violation of the Act on Financial Business Specializing in credit, and fraud;

A. On the same day as the statement in paragraph 1, the Defendant purchased food equivalent to the sum of KRW 37,590 in the market price, such as ambi, and ambi, the amount of the lost credit card as described in paragraph 1, presented it to the victim who is not aware of the fact, around 21:18.

Accordingly, the defendant acquired the above food and used the lost credit card.

B. On the same day as the statement in paragraph 1, the Defendant purchased food of KRW 19,500,00 in the market value, such as 1,50,00, from 1,000, the victim H in Orcheon-gu G around 22:20 on the same day as the statement in paragraph 1, and had the Defendant make payment by presenting the lost credit card to the victim who is unaware of the circumstances.

Accordingly, the defendant acquired the above food and used the lost credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C, E, and H;

1. Detailed statement, etc. of each transaction (list 6, 13, 15);

1. Application of Acts and subordinate statutes of photograph (List 5);

1. Relevant law for criminal facts, Article 360(1) of the Criminal Act for the selection of punishment (see, e.g., Supreme Court Decision 360(1) of the Criminal Act), Article 347(1) of the Criminal Act (see, e.g., Supreme Court Decision 200Da14771, Apr. 2, 200); and Article 70(1)3 of the Act on Business Specializing in Credit

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection (a confession, reflectivity, minor amount of damage, and a crime of living penalty) are favorable to the accused.