Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

1. On December 27, 201, the Defendant: (a) acquired one copy of the Samsung Card owned by the victim S in the RA and embezzled it without taking necessary measures, such as returning it to the victim; and (b) embezzled it as it is, without taking necessary measures.

2. Although the Defendant did not have the right to use the Samsung Card in the name of S listed in paragraph (1), on December 27, 201, the Defendant acquired a total of KRW 6,264,390 from the victims’ name-free winners, or received services, on December 27, 201, by settling the price with the above Samsung Card as if he/she had the right to use the Samsung Card.

3. From December 27, 201 to January 21, 2012, the Defendant violated the Specialized Credit Financial Business Act: (a) purchased goods of KRW 6,264,390 on a total amount of 53 occasions, or received services, on a total of 53 occasions, and used the credit card embezzled by settling the price with the above Samsung Card acquired, as stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement of S;

1. A complaint;

1. A detailed statement of Samsung Card Use commercial taxes;

1. Application of Acts and subordinate statutes on lists of Transactions by Account;

1. Relevant legal provisions concerning facts constituting an offense, Articles 347 (1) and 360 (1) of the Criminal Act (the point of fraud), Article 70 (1) and (4) of the Specialized Credit Financial Business Act (the point of embezzlement of stolen items), and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account the fact that an agreement is reached with the victim on the reason of sentencing under Article 334(1) of the Criminal Procedure Act.