Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Prosecutor 1) misunderstanding the facts (the part not guilty of larceny around July 21, 2017) that the Defendant released 5,250,000 won in total from the 19th cash withdrawal period using the Nonghyup Card received from O from July 21, 2017 to February 2, 2017, using the said card. As long as theO did not specifically permit the Defendant to withdraw the said money, such act constitutes a theft of cash against the will of the manager who was to withdraw cash, the lower court acquitted the Defendant of this part of the facts charged, which affected the conclusion of the judgment.

2) The punishment sentenced by the lower court (one year and six months of imprisonment, six months of imprisonment, and one million won of fine) is too uneased and unfair.

B. The above sentence sentenced by the court below is too unreasonable.

2. Determination

A. The following facts and circumstances revealed by the evidence duly adopted and examined at the court below’s determination on the prosecutor’s assertion of mistake of facts: (i) victimO transferred alcohol from “D” and “F” to “B” on the same floor as “F after drinking alcohol; and (ii) the Defendant paid a sum of KRW 5,00 won by using the victim’s agricultural card around July 21, 2017 and around 21:25 on the same day; (iii) the victim appears to have been informed of the Defendant of the password’s password of the cash withdrawal number; and (iv) the victim consented to the withdrawal of cash withdrawal from the Nonghyup Card by the Defendant.”

In a case where it is natural to see that a cash card holder has withdrawn a certain amount of cash upon request from the holder of the bank account, and the cash card has been withdrawn in excess of the amount delegated by putting it out upon request, this shall be the cash withdrawn.