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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[criminal power] On November 9, 201, the Defendant was sentenced to a suspended sentence of two years in prison at night, residence, larceny, etc. at the Suwon District Court’s House on August 9, 201. On September 14, 2012, the period of the suspended sentence became final and conclusive on September 22, 2012, and the sentence of the suspended sentence became final and conclusive on September 22, 2012, and the execution of the final sentence was completed in the Daegu Prison on May 12, 2013.
【Criminal Facts】
1. Larceny;
A. The Defendant: (a) around 08:00 on May 25, 2014, around 08:00, at the 1st room of the Dju located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant carried out one copy of the C&C card of the foreign exchange bank owned by the victim at the 39 years old.
B. On May 25, 2014, at around 09:45, 201: (a) around 1,000,000 won of cash owned by the victim using the cash card of the foreign exchange bank that was stolen, such as the foregoing, at the cash withdrawal at the Young-gu Seoul Metropolitan Government (Seoul Yeongdeungpo-gu)’s new bank, the Korean Bank, the Korean Agricultural Bank, and the Defendant got out of KRW 1,00,00.
From that time until 10:33 of the same day, the Defendant withdrawn KRW 5,000,000 in total five times, such as the list of crimes in the attached list.
2. On May 25, 2014, around 10:27, the Defendant transferred KRW 5,600,000 to the bank account in which the Defendant was using the computer, etc., by inserting the eck card of the said foreign exchange bank, which was stolen as above, into the cash withdrawal at the locking point of the foreign exchange bank located in Songpa-gu Seoul, and inputting the “cash of KRW 5,600,000, and password.”
Accordingly, the defendant acquired economic benefits by inputting information without authority into a computer or any other information processing device.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C and E;
1. Previous records before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;