A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On August 4, 2017, the Defendant: (a) obtained a new coke card that the victim D lost; (b) one resident registration certificate; and one disposable transportation card; and (c) did not take necessary measures, such as returning it to the victim; (b) the Defendant, in front of the food of “C” located in Pyeongtaek-si B, Pyeongtaek-si; and (c) took necessary measures.

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

2. On August 4, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business purchased a total of KRW 13,000 from “F convenience store” located in Pyeongtaek-si E, and had the victim G, who is an employee of the above convenience store, pay the said tobacco price by presenting the e-mail card obtained as one’s own act, as set forth in paragraph 1.

Accordingly, the Defendant, by deceiving the victim by the above method and allowing the victim to settle KRW 13,00 in the above physical card, acquired the same amount of financial benefits and used the embezzled physical card.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement of G and D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes on card receipts;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (a) of the choice of punishment, Article 367(1) of the Criminal Act (a point of fraud), Article 347(1) of the Criminal Act (a point of fraud), Article 70(1) of the Act on Financial Business Specializing in Credit, and the selection of fines;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;