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A defendant shall be punished by imprisonment for not less than five months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Larceny;
A. On July 18, 2017, around 08:00 on July 18, 2017, the Defendant taken up a copy of the C00-gu Seoul, Gangnam-gu, a residence of the victim B, who is the Defendant’s seat, which was located on the west of the said victim’s residence, for a national bank in the name of the victim’s custody.
As a result, the theft was committed.
B. On July 18, 2017, the Defendant, around 08:32, 2017, posted the physical credit card of the national bank in the name of Samsung Samsung-ro 406, as described in paragraph (a) at the north branch of the Seoul Gangnam-gu National Bank for the Victims of Samsung-ro 406, in the cash withdrawal season and entered a password known to ordinary people, and then withdrawn KRW 1 million in cash managed by the National Bank of the Victims and stolen it.
2. On July 18, 2017, the Defendant used computers, etc.: around 08:35, 2017, the Defendant entered information on the cash withdrawal of the Defendant’s personal bank’s check cards in the name of Samsung-ro, Gangnam-gu, Seoul, 406 National Bank, as described in paragraph 1(a), and transferred KRW 5 million to the Defendant’s account in the name of the Defendant’s name by inserting the password and KRW 5 million owned by the Defendant’s national bank.
Accordingly, the defendant acquired property benefits equivalent to 5 million won by inputting information into a computer or any other information processing device without authority.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes to the list of seized articles and photographs;
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of intention) and Article 347-2 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is against the defendant's wrongness, the defendant agreed with the victim, and the defendant after 205.