A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2016 Highest 1047]

1. At around 03:00 on July 10, 2015, the Defendant thefted the victim C with a total of KRW 300,000,000,000,000,000,000,000,000,000,000 won in cash, which is kept in the Kabter by using the gaps in which the victim was diving, while working as the head of the business at the “E” business operated by the victim C in Jung-gu Seoul Metropolitan Government.

[2016 Height3215]

2. Around November 29, 2013, the Defendant was requested to withdraw KRW 300,000 from the victim F’s ecke card from the victim F at “H” located in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Busan, and the victim F.

The Defendant, at around 15:37 on the same day, embezzled by arbitrarily possessing 300,00 won by withdrawing 300,000 won from the victim’s body card at the victim’s request and embezzlement by taking it out for the victim at his/her own discretion.

3. At around 15:49 on the same day, the Defendant continued theft against the victim community credit cooperatives, at the location of the victim community credit cooperatives located in Bupyeong-gu, Nowon-gu, Seoul Special Metropolitan City, in 15:49, put the physical card specified in paragraph (2) of the above Article, which is owned by F in the victim management at the location of the victim’s ATM withdrawal machine, entered the password, and withdrawn the password from 1.2 million won in cash at the same location at around 15:50 on the same day, and then cut it by withdrawing KRW 1.260,000 in cash at the same location.

Summary of Evidence

[2016 Highest 1047: Facts No. 1 of the Decision]

1. Defendant's legal statement;

1. The legal statement of C by a witness [the facts set forth in Articles 1 and 2 as indicated in the judgment of 2016 Height3215];

1. Defendant's legal statement;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act and Article 355 (1) of the Criminal Act (the point of embezzlement and the choice of imprisonment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The conditions that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act are as follows.