절도 등
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 30,000 won.
Punishment of the crime
On September 3, 2008, the Defendant: (a) withdrawn 60,000 won check against the intent of the head of the above branch office, which is the victim, by inserting a passbook (D) of the National Bank of Korea, in cash withdrawal at the two branches of the National Bank, Dong, Dong, Dong, Dong-dong, Seocheon-si, Two hundred and sixty (100,000 won check; and (b) continuously inserting the passbook (E) in cash withdrawal at the two branches of the said branch office; and (c) withdrawn twenty (100,000 won check against the will of the above branch office, which is the victim, by taking the password and the amount in cash withdrawal.
Summary of Evidence
1. Partial statement of the defendant;
1. Each written statement made to C by the police officer;
1. Application of Acts and subordinate statutes on copies of bankbooks;
1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;
1. Determination as to the assertion of the Defendant and the defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse
1. The summary of the assertion was inserted in a cash withdrawal machine in accordance with the ordinary method of use of a cash withdrawal machine, and the password and the amount to be withdrawn were subdivided, and withdrawn.
The above withdrawal does not go against the will of the manager of the cash withdrawal machine, and the bank, the victim, is not liable for damages to C, and thus, is not subject to larceny.
2. Determination
A. According to the aforementioned evidence, the Defendant, without obtaining the consent of the depositor C, can be found to have withdrawn KRW 11.3 million using the passbook in his name (D) and the agricultural bank passbook (E).
Since the defendant is not a legitimate user of the above passbook, it cannot be viewed that the withdrawal of the deposit by inserting the above passbook in cash withdrawal machine does not go against the intention of the manager of cash withdrawal machine, this part of the defendant's assertion is without merit.
(b) Theft of another's property shall be one's own or a third party against his will.