야간주거침입절도등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
From August 1, 2012 to November 20, 2012, the Defendant was working as the head of the victim C Co., Ltd. in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, with the knowledge of the entrance and password of the victim Co., Ltd.'s office and the corporate passbook password of the victim Co., Ltd., the Defendant was willing to steal the corporate passbook from the victim's office and withdraw the deposit money.
1. On December 30, 2012, at night, the Defendant: (a) entered the password prior to the office of the said victim company; (b) intruded into the office through the entrance; and (c) stolen the victim company’s new bank passbook under custody on the books of the staff in charge of accounting.
2. The Defendant forged a private document, or uttering of a private document, affixed the seal impression of the victim company’s company on the books prepared in advance at the above date and at the above place to the seal page of the application form for withdrawal of a new bank. On the following day, at the digital financial center of the new bank located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, the Defendant stated “D”, “O0 million won”, “O0 million won”, and “C” in the name column of the application form, and then delivered the document as if the document was duly formed to the employee in charge of withdrawal of a new bank who did not know the forgery.
Accordingly, for the purpose of uttering, the Defendant forged a letter of withdrawal application in the name of C, a private document on rights and obligations, and exercised it.
3. On December 31, 2012, the Defendant: (a) around December 31, 2012, at the digital central financial center of the said new bank, the Defendant was carrying out as if he were the employees of the victim company; and (b) issued a written application for withdrawal under the name of the victim company, such as the preceding paragraph, and a passbook in the name of the victim company to the employees
However, the defendant retires from the victim company and money from the legal account of the victim company.