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

However, 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

1. A thief Defendant was able to arbitrarily use the inherited property in D’s passbook because D died as a sudden heart funeral on December 27, 2015 while living together with D with D, while he was living together with D with D, and around December 27, 2015.

A. On December 28, 2015, the Defendant: (a) posted DNA physical cards in a cash withdrawal machine, which was installed in the Nonghyup Bank, Kim Jong-dong, Kim Jong-si, and then withdrawn KRW 1 million in cash, from the cash withdrawal machine managed by the injured agricultural cooperatives established therein; and (b) entered a password.

B. Around December 30, 2015, the Defendant, at the above place, stored DNA physical card in a cash withdrawal machine managed by the victim agricultural cooperatives established therein, and withdrawn KRW 4 million in cash by entering the password.

Accordingly, the defendant stolen 5 million won in cash owned by the victim agricultural cooperative.

2. Computer and other fraudulent means;

A. A. On December 28, 2015, the Defendant: (a) posted D’s physical cards at the aforementioned place in cash withdrawal machines; (b) entered a password; and (c) transferred KRW 50,000 to the deposit account in the name of E, his/her father and wife used by the Defendant.

B. On December 29, 2019, the Defendant: (a) put D’s e-mail cards into cash withdrawal machine; (b) entered passwords; and (c) transferred KRW 50 million to the deposit account in the above E’s name.

Accordingly, the defendant obtained financial benefits equivalent to KRW 100 million by inputting information without authority and making it processed.

Summary of Evidence

The application of the laws and regulations on the details of deposit transactions in the police's statement statement on witness F and G's legal statement F

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of intention) and Article 329 of the Criminal Act, Article 347-2 of the Criminal Act, and the choice of imprisonment with prison labor;

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

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. The community service order under Article 62-2 of the Criminal Act.