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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On February 23, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for larceny in the Incheon District Court for eight months, and the above judgment became final and conclusive on March 3, 201, and on June 30, 201, the Defendant was sentenced to two years of suspended execution for eight months of imprisonment with prison labor for the same crime in the same court on June 30, 201, and is still under suspended execution as of July 8, 2011.
【Criminal Facts】
1. On April 11, 2012, at around 23:30, the Defendant withdrawn KRW 1 million from the “E” game room operated by Seodaemun-gu Seoul, Seodaemun-gu, a game room customer F with his/her physical card, and then embezzled KRW 500,000 with the victim F’s physical check from the cash withdrawal machine managed by a new union, which was in the vicinity of the game room, with the Defendant’s request, with the Defendant’s physical check. At the same time, the Defendant withdrawn KRW 5 million from the cash withdrawal machine managed by a company bank that was in the vicinity, and embezzled KRW 1 million for the victim F with his/her personal use.
2. On April 11, 2012, at around 23:30, the Defendant: (a) entered the said physical card in a “E” game operated by Seodaemun-gu Seoul, Seodaemun-gu, in a “E” game room; (b) entered F with the Defendant’s request to withdraw one million won with the physical card owned by F; and (c) attempted to flee after withdrawing more than the money entrusted with the withdrawal; and (d) had the Defendant paid one million won, which is the money entrusted with the withdrawal as indicated in the preceding paragraph, in spite of the full withdrawal of the money, the Defendant did not have the authority to withdraw; (b) entered the said physical card in a cash withdrawal machine managed by the victim G in the vicinity of the said game room, and then withdrawn 600,000 won in total on two occasions; and (c) continuously transferred the place and then withdrawn 1 million won in total from the said cash withdrawal card in Mapo-gu, Seoul, one of the victim’s banks in Mapo-gu, Seoul, without the authority to withdraw.