Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. On January 2015, the Defendant acquired a new card (the 16-year-old) lost by the victim C (the 16-year-old) at a non-permanent location located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul on the date, and the victim D (the 33-year-old) lost in the vicinity of the Yeongdeungpo-gu market.

The Defendant, without taking necessary procedures such as returning the acquired property to the victims, embezzled each of them on their own thought.

2. Around September 22, 2015, the Defendant violated the Credit Finance Business Act, and the Defendant presented the victim G, a business owner within the “F located in Yeongdeungpo-gu Seoul Metropolitan Government E” as if he/she own the said D’s card, and presented that he/she was his/her own possession, and then, he/she illegally used the card by settling the victim’s prepaid payment of KRW 50,000,000, and acquired financial benefits equivalent to KRW 50,000 by receiving alcoholic beverages and alcohol.

3. The Defendant attempted to commit fraud, at the time and place specified in Paragraph 2, presented to the Victim G, the business owner of “F”, one card lost by the said C, one copy of the new card (I), the nominal owner J (K), and one new card (M) of the nominal owner L (M). However, the Defendant failed to settle the account.

4. The Defendant: (a) known at the time and place specified in Paragraph (2), the victim C (the 16-year-old age) who was found to have known that his card was about to be settled; (b) committed assaulting three to four times on the breast part of the flab by breaking down the flab; and (c) breaking the flab.

Summary of Evidence

1. Each legal statement of witness C and G;

1. Each police statement concerning C and G;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes on sales slips for cards;

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 360(1) of the Criminal Act concerning the selection of punishment (the embezzlement of stolen articles), Article 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (the use of lost credit cards), Articles 352 and 347(1) of the Criminal Act, Article 260(1) of the Criminal Act, and each fine shall be imposed.