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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal records] On December 27, 2013, the Defendant was sentenced to imprisonment for fraud at the Ulsan District Court for one year and two months, and completed the execution of the sentence on September 21, 2014.
[2016 Highest 4081]
1. While the Defendant was working as a manager of a singing room in Changwon Co., Ltd. on July 25, 2016, the Defendant was asked to withdraw KRW 400,000 in cash from the automatic payment machine for liquor payment by receiving one copy of the Victim E, who was a customer in the said singing room, from the victim E.
The defendant did not return the above card and cash to the victim while he kept the above card with cash 40,000 won and one copy of the above card for the victim, and he used the same card and cash to Busan for personal living expenses, such as food, etc.
Accordingly, the defendant embezzled the victim's property.
2. The Defendant, as described in paragraph 1, intended to withdraw cash from E’s account by using the check card in the name of the above E, embezzled as described in paragraph 1. On July 25, 2016, the Defendant: (a) entered the said card in the cash withdrawal machine of the Victim Suhyup Bank, which was located on July 22 and 18, 2016, and then withdrawn KRW 1 million in cash at the same place on the same day, with a total of KRW 22:25 and KRW 22:26 on the same day, around 22:27, around 22:28, and around KRW 93, from the cash withdrawal machine of the victim bank located at the Busan National Association, around KRW 50,500,000,000 in total; and (b) withdrawn KRW 500,000,000 in cash at the same place on the same day, respectively, with a total of KRW 50,500,000,00.
3. The victim F counterpart criminal defendant and the victim F are the space between the victim F and the victim F living together with the victim from July 2009 to July 2015.
A. On November 21, 2015, the Defendant was injured at the “H” entertainment station located in G in the prime city of nuclear power around 02:30 on November 21, 2015, on the ground that the Defendant found the victim at the shop and avoided disturbance.