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(영문) 서울동부지방법원 2017.01.20 2016고단3525
횡령등
Text

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

Reasons

Punishment of the crime

[2016 Highest 3525]

1. Around August 6, 2016, the Defendant was requested by the victim E to withdraw KRW 1 million in cash with the victim’s physical check card in the name of the victim in the singing room located in Songpa-gu Seoul Metropolitan Government around 01:15.

The Defendant, around 01:22 on the same day, posted the said physical card to the cash withdrawal machine within the G convenience store located in Songpa-gu Seoul Metropolitan Government, entered the password, and withdrawn a total of KRW 1 million on four occasions, but did not refund the said physical card and cash withdrawn to the victim and consumed it for personal purposes, such as living expenses.

Accordingly, the defendant embezzled the victim's property.

2. A thief on August 6, 2016, at a point where the Victim KB National Bank SB Ack-dong branch, the Defendant embezzled as described in paragraph (1) in the cash withdrawal period, which is established at a point where the 274 KB National Bank Ack-dong branch of the Songpa-gu Seoul National Bank Ackbk-dong branch, is located in the first floor of the 274 fire fighting center.

In addition, the physical card in the name of E was put in, and the password was entered, and a total of 4 million won was withdrawn at one time, and then stolen by withdrawing a total of four million won.

Accordingly, the defendant stolen the victim's property.

3. A person who has attempted to larceny and larceny at the same distance in the street of the victim KEB bank;

A. On August 6, 2016, at around 01:49, the Defendant embezzled as described in paragraph (1) in a cash withdrawal machine managed by the victim KRB branch located at the victim KSB-dong branch of 1424 KEB-dong KEB-dong branch of the GEB-dong branch of the Seoul Gangdong-gu Seoul Metropolitan Government.

Then, it was stolen by inserting the physical card of SC bank in the name of E and inputting the password, and withdrawing KRW 1 million in cash.

Accordingly, the defendant stolen the victim's property.

B. The Defendant shall withdraw cash at the time and place specified in paragraph 3(a).

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