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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2014 Highest 414]
1. From around 2010, while the Defendant was living with the victim D, he recommended the victim to operate the PC, and the victim took over the FPC in Seosan-si E around May 14, 2010, at KRW 60 million, and the victim was engaged in the PC business, settlement of accounts, etc. for the victim from the above time.
At around 16:00 on July 20, 201, the Defendant: (a) kept 44 computers equivalent to KRW 40,000,000, which are owned by the victim on behalf of the victim in the PC room on duty; (b) had been able to arbitrarily dispose of the said computers; and (c) contacted the Defendant with the Defendant, who was on the name of the victim, used them for living expenses, etc., and disposed of the said 44 computers by receiving KRW 10 million from the Defendant.
Accordingly, the defendant embezzled the victim's property.
2. On April 8, 2014, the Defendant: (a) connected the Internet game wind and volcanic volcano in the PC room near the Suncheon-si, Macheon-si; (b) posted a writing on selling game money; and (c) made a false statement that the Defendant would sell the game money in KRW 2 billion to the victim G by using the hosting window.
However, since the defendant did not own the game money to the victim as above, the defendant did not have the intent or ability to sell the game money even if he received money from the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received 240,000 won from the victim to the account of community credit cooperatives in the name of the Defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim.
[2014 Highest 527]
1. Around October 15:30 on October 23, 2012, the Defendant committed a crime with the victim H, while drinking alcohol with the victim H, etc. at the seafarer’s accommodation located in Ansan-si, Ansan-si, the Defendant: (a) had a 300,000 won cash card, which was in the victim’s possession of the victim; and (b) stolen it with the victim’s cash card, which was in the victim’s wall.
2. Crimes committed against the branch of the Suhyup Bank;