1. The defendant shall be punished by a fine of two million won;

2. 50,000 won where the defendant does not pay the above fine.

Punishment of the crime

On November 8, 2012, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Busan District Court on November 8, 2012, and the judgment became final and conclusive on February 8, 2013.

The Defendant, a person working for an employee in the Enosium located in the Seongbuk-gu D Building operated by the victim C, was engaged in the business of receiving and keeping the price when the Defendant receives a discount from the Enosium F.

At around 11:00 on April 13, 2009, the Defendant transferred the card sales proceeds of KRW 1.360,000 from H in Chang-si G from the above F to the Defendant’s passbook (Account Number: I). The Defendant used the card sales proceeds for personal use, such as living expenses, around that time, while he was in custody for the victim.

Summary of Evidence

1. C’s legal statement;

1. The first police interrogation protocol against the accused;

1. The second police statement concerning C;

1. Investigation report (a copy of passbook A to the Gyeongnam Bank);

1. Before judgment: Application of the Acts and subordinate statutes governing prosecution documents;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment;

2. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.