All appeals filed by the prosecutor against the Defendants are dismissed.

1. According to the evidence submitted by the prosecutor, such as the summary of the grounds for appeal (misunderstanding of facts) victim’s statement and cash withdrawal, the entire facts charged against the Defendants are fully found guilty.

Nevertheless, the court below found the Defendants not guilty. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. Defendant A is a person operating an entertainment center in the trade name of “G” located in the Nam-gu Incheon Metropolitan City F (hereinafter “instant establishment”). Defendant B, C, and D are employees of the said establishment.

On July 29, 2016, the Defendants ordered H to perform drinking alcohol at the instant establishment on July 23:00, and did not receive cash after drinking, and the Defendant’s personal e-mail card was opened and found cash. The Defendants e-mailed the password and withdrawn KRW 600,000 from the main cash automatic payment machine in the vicinity of the said establishment and brought about H. If H was under influence of alcohol, the said e-mail card was discharged from H round.

In other words, there was a public invitation to withdraw cash and to settle the price at the above business establishment.

1) On July 30, 2016, around 00:59, the Defendants: (a) thiefed out the locked and the thalke card; (b) withdrawn KRW 130,000 from the above thalke card and stolen it; and (c) withdrawn 130,000 won from the thalke during the cash-raising machine that manages the victim’s efficacy in the vicinity of the instant business establishment; and (d) withdrawn 4830,000 won from around the same day to around 07:48 on the same day as indicated in the list of crimes in the attached Table.

As a result, the Defendants conspired to steal the victim's property.

2) Defendants in violation of the Act on Specialized Credit Financial Business are 220,000,000 won using a card settlement machine installed within the said business by using a crepane card owned by the victim under the influence of alcohol by the victim H around 05:37 on the same day as indicated in the foregoing paragraph (1).