Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On September 2, 2014, at the same time, the Defendant: (a) sold gold blings at the precious metal store operated by the victim D located in Seosung City at KRW 1,562,00; (b) withdrawn KRW 300,000 from the nives cash payment machine at the 19:32 Gyeonggi City (hereinafter referred to as the 19:32 of the same day; and (c) became aware of the fact that the injured party erroneously remitted the amount of KRW 6 million to the nives cash payment machine; and (d) thereafter, the Defendant became aware of the fact that the injured party wrongfully remitted the amount of KRW 6

On September 2, 2014, from around 21:10 to 21:15, the Defendant embezzled KRW 5.6 million in total from one bank cash payment period to six times; KRW 1.6 million from one bank cash payment period around September 3, 2014; and KRW 6.6 million from the new bank cash payment period around September 4, 2014; and then embezzled the Defendant’s residence using the said KRW 6 million as living expenses, etc. at the Defendant’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution (including the parts concerning the examination of the indictment in question);

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police against D;

1. Application of the new detailed statement of banking transactions Acts and subordinate statutes;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In full view of all the circumstances such as the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the instant crime, the details and contents of the instant crime, the amount of damage, the records of the Defendant’s identical and different crimes, and the Defendant’s repayment of KRW 2 million to the victim, the sentence as ordered shall be imposed.