Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Defendant,
1. On August 21, 2012, at around 09:45, Diven 101, Diven 101 in Incheon Spojin-gun C, E, under the influence of alcohol, shall carry a post office cash card with E, and at around 10:00 on the same day, he/she shall put the said post office cash card with the cash payment machine at the time of cash payment, and then shall withdraw KRW 400,000 against the will of the above manager of the cash payment machine, who is the victim’s name, in a way that he/she enters the password stated on the back of the card, by entering the password stated on the back of the card;
2. Around 08:50 on September 17, 2012, E, using a cresh in which E, at around 08:50, takes a cash card in the same manner as in paragraph (1) using a cresh in which E is under the influence of alcohol, and withdrawal of KRW 200,000 in cash against the will of the manager of the said cash payment instruments, who is a victim’s name-unclaimed winner, using the cresh in the same manner as in paragraph (1) from the F convenience store located on the same side on the same day at around 09:06;
3. From September 19, 2012, at around 07:50, E had a cash card of E with the same method as that of E under the influence of alcohol within 101, and withdrawal of KRW 500,000 in cash against the will of the said manager of the said cash payment instruments, who was a victim’s name in return for a cash payment, using the cash payment machine at around 08:05 on the same day, at around 08:05, in the same manner as the above paragraph (1).
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Application of Acts and subordinate statutes to a copy of details of transactions of passbooks, copy of telephone conversations, copy of details of transactions of automation machines, and copy of details of transactions;
1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Judgment on the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (the following sentencing grounds)