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

1. On January 12, 2020, at a delivery agency office operated by Pyeongtaek-si B, the Defendant: (a) stated that C does not receive or withdraw a delivery agency fee in bad credit standing; and (b) received and kept the FF Bank C card in the name of E for the purpose of withdrawing the Defendant’s delivery agency fee.

On January 25, 2020, the Defendant retired from the above D delivery service, but did not return the said D’s check to the F Bank account connected to the said F Bank account while the Defendant was holding the said C’s check without returning it to the victim, with the intention to withdraw it.

On February 9, 2020, at around 08:19, the Defendant: (a) stored the F Bank C’s e-mail card in the name of E owned by the victim at Pyeongtaek-si branch of Pyeongtaek-si; and (b) withdrawn 2.7 million won in total on three occasions in the cash payment machine managed by the victim at Pyeongtaek-si branch of the victim H Bank; and (c) entered the password.

Accordingly, the Defendant stolen the cash 2.7 million won managed by the victim.

2. In order to withdraw the Defendant’s commission for delivery by the Defendant, as prescribed in paragraph 1, the Defendant retired from the delivery service under the name of F Bank Card issued by the Victim C, but did not return it to the victim, and then withdrawn cash with the victim’s body check at the H Bank Pyeongtaek-si Branch, the said H Bank Pyeongtaek-si Branch, and then laid the said body card in the I market of Gwangju-gu, Gwangju-gu around February 9, 2020.

Accordingly, the defendant has impaired the utility of the above cream card owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographss of the case site and CCTVs of the H bank and CCTVs of the H bank;

1. Data on the details of the entry into and transactions in the F Bank;

1. Application of the provisions of each Act and subordinate statutes to the CCTV installed in J Hospital and to the CCTV of J Hospital;

1. Article 329 of the Criminal Act applicable to the crime, Article 329 of the choice of punishment (a thief and a fine) and Article 366 of the Criminal Act (a point of causing property damage and a fine).