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(영문) 서울중앙지방법원 2014.04.23 2013고단5643

절도

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who served as a parking staff in Gangnam-gu Seoul Metropolitan Government “D Sarib” in the operation of the Victim C in Gangnam-gu.

1. Around July 26, 2013, the Defendant: (a) received an order to withdraw KRW 2 million in cash from the victim E from the above private letter or employee E; (b) received the NAC card and password from the victim; and (c) around 08:31 on the same day, at the Gangnam-gu Seoul, Gangnam-gu Seoul, Seoul, the office cash withdrawal machines at the Gangnam-gu office branch; (d) even though the limit of the amount of withdrawal requested from the victim was 2 million won, the Defendant entered the NAC card in the cash withdrawal machine, and then withdrawn the amount of the withdrawal at KRW 4 million.

Accordingly, the defendant acquired financial benefits equivalent to 2 million won, which is the excessive withdrawn amount, by inputting the information without authority into the data processor such as computer, etc. and making the data processed.

2. The Defendant, at the same time and place as the preceding paragraph, withdrawn the cash amount of KRW 2 million, which is the amount requested to withdraw with the victim’s Nonghyup Card, and embezzled it by voluntarily consuming it with the drinking value, etc. around that time while being kept for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the specifications of transactions of self-reliance deposits;

1. Relevant Article 347-2 of the Criminal Act, the choice of punishment for the crime, Article 347-2 of the Criminal Act, Article 355 (1) of the Criminal Act, and the choice of fines (it shall be taken into account that there is no past record of criminal punishment for the defendant, the degree of damage is not relatively more severe, and the fact that the defendant is against himself/herself, etc.);

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.