Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On April 27, 2015, the Defendant opened a new bank account (C) at the new bank control point located in the common village of the Dong-gu in Ansan-si around the 27th day of the same month and opened the passbook, the OTP card, the physical card, etc. to the victim.
On August 17, 2015, the Defendant received KRW 160,00,00 from D, the victim’s seat, and terminated the account into the said account and embezzled the balance by receiving KRW 85,519,338 from the Defendant to use. After cancelling the account on the same day, the Defendant withdrawn KRW 85,519,338 in cash, and then arbitrarily consumed and embezzled it by using it for personal debt and casino gambling around that time.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of the suspect against the defendant (including the part concerning the statement in B);
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes to inquire about details of liquidity transactions;
1. In light of the following: (a) the reason for sentencing of the instant crime under Article 355(1) of the Criminal Act regarding the relevant criminal facts; (b) the background and method of the instant crime; and (c) the circumstances after the commission of the crime, etc., the nature and circumstances of the crime are not good; (c) the amount of damage is the maximum amount; and (d) the amount of damage was not recovered; and (c) the Defendant’s liability for the crime is not easy; and (d) the overall sentencing conditions