A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. The indictment for larceny of intrusion upon a structure at night contains a statement “even at night,” but is correct ex officio because it is obvious that it is a clerical error in “even at night” theft.

From October 26, 2015 to around 02:00 on the following day, the Defendant came to the “M office” operated by the victim L, who was in the window of Changwon-si from around 21:00 to around 02:00 on the following day, and the Defendant: (a) opened an entrance with the key of the office in which all employees were removed from the office; and (b) took one of the corporate bank BC card (title N, card numberO) owned by the victim and stolen it.

2. At around October 27, 2015, the Defendant: (a) withdrawn KRW 1,00,000,000 from the cash withdrawal period managed by the Victim KB Bank located in Sungwon-si, Sungwon-si, Sungwon-si; (b) around 02:11 on October 27, 2015, the Defendant: (c) released KRW 4,460,000,000,000 around 02:12,000 in the said method; (d) withdrawing KRW 02:13,000 on the same day; and (e) KRW 4:14,60,000 in total on four occasions against the victim’s will, contrary to the victim’s intent, by withdrawing each of the amount of KRW 4,460,000 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the L substitute statement);

1. Statement by the police concerning L;

1. Application of Acts and subordinate statutes to each investigation report (including on-site reports, verification of payment details, verification of CCTVs for cash withdrawal period, attachment of specifications of transaction, reporting on attachment of receipts for corporate bank cards, and each accompanying material);

1. Relevant provisions of the Criminal Act and Articles 330 (Occupancy of larceny of intrusion upon structure at night) and 329 (Section 329) of the Criminal Act concerning facts constituting an offense;

1. A crime of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act with no basic area (one year to two years) (one year to six months) (a person who is subject to special sentencing) of the basic area (one year to six months) (the scope of recommending punishment) of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes.