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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On December 3, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny at the Seoul Central District Court, and the judgment became final and conclusive on December 11, 2014. On April 23, 2015, the said suspended sentence was revoked, and the execution of the said sentence was completed in the Daejeon Prison on February 5, 2016.
In the indictment of 2016 Highest 2347, the Defendant was sentenced to three years of suspension of execution for larceny, etc. at the Daejeon High Court on November 13, 2015, and the judgment became final and conclusive on December 21, 2015. However, the criminal facts of the final and conclusive judgment are deemed to have been committed before the final and conclusive judgment was rendered on November 23, 2014, and it does not constitute a case where the Defendant could have been tried simultaneously with the criminal facts of the instant embezzlement committed thereafter, and thus, it does not constitute concurrent crimes under the latter part of Article 37 of the Criminal Act.
【Criminal Facts】
【2016 Height1411】
1. On May 17, 2016, the Defendant received one check from the victim who was requested to withdraw cash amounting to KRW 1,200,000 from “Dnonode bank” located in Busan Ya-gu, Busan YA at around 01:30 on May 17, 201, where the name of the customer cannot be known at the same time.
The Defendant, using the above check, withdrawn 1,300,000 won in cash, and embezzled the victim’s property by consuming the amount of KRW 1,200,00 for the victim’s personal use, such as entertainment expenses, at around that time in Busan City and Daejeon City.
2. The Defendant was requested to withdraw 1,200,000 won in cash from a victim whose name is not known at the time and place specified in paragraph (1) and then withdrawn 1,300,000 won in excess of 10,000 won and then acquired property benefits equivalent to the ratio of the portion in excess of the delegated amount by allowing the data processing without authority during cash withdrawal.
3. Larceny;
A. On May 28, 2016, the Defendant is located in Seo-gu, Daejeon around 09:00.