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(영문) 청주지방법원 2014.11.26 2014고단1509

횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 05:00 on May 17, 2014, the Defendant: (a) received one copy of the new physical fitness card from the victim E, who was a customer, to withdraw KRW 300,000,000 in cash from his/her employee; and (b) embezzled the password known to the victim at the time of cash payment at the G convenience store located in Sungnam-si, Sungnam-si, by requesting the victim E to withdraw KRW 300,000 in cash from his/her employee; and (c) then arbitrarily consumed the said physical card and cash with the same cash, and embezzled it.

2. At around 05:09 on May 17, 2014, the Defendant obtained pecuniary benefits equivalent to the above amount by inserting the secret number, which the Defendant came to know as stated in paragraph (1), into cash withdrawal machines, and inputting the secret number, which the Defendant came to know as stated in paragraph (1), into the agricultural bank account in the name of the Defendant, and by transferring the amount of KRW 3 million owned by the victim to the agricultural bank account in the name of the Defendant.

3. Larceny;

A. On May 17, 2014, around 05:16, the Defendant collected and stolen a new physical fitness card under the name of the victim E, which was embezzled as described in paragraph (1), from a cash withdrawal machine managed by the victim BGF company established at that place, and withdrawn cash 300,000 won on five occasions, as shown in attached Table 1 of the List of Crimes.

B. On October 3, 2014, the Defendant: (a) around 02:00, the Defendant: (b) opened an entrance that had not been corrected by using any gaps in other heading rooms; (c) the victimO, who was a customer, was inside the other heading rooms; and (d) laid down a new body-based card owned by the victim on the part of the victim.

C. The Defendant on October 3, 2014.