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Defendant shall be punished by a fine of 1.5 million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
[2013 High Court Decision 2608]
1. The defrauded did not have the intent or ability to repay even if he borrowed money from the victim B.
Nevertheless, at around 16:35 on February 14, 2013, the Defendant: (a) stated that “If 20 days exist, the Defendant would have to pay the victim the basic cost of living, so if the basic cost of living would be paid.” (b) received KRW 40,00 from the victim.
2. The embezzlement Defendant: (a) at the date, time, and place indicated in paragraph (1) 1, “Ne, fry, and 20 days of 20,000 won, and 100,000 won was lent to the owner of the house, but he borrowed 100,000 won to the owner of the house, which he would be entrusted to the restaurant operator with interest.” (b) At the same time and place, Ne. B: (c) found that 10,000 won was collected by using the Agricultural Cash Card owned by the Defendant for the use of the Defendant, and (d) around 16:35, Feb. 14, 2013, the Defendant embezzled the cash card owned by the said victim and embezzled it for the use of the victim by withdrawing KRW 100,000 from the cash withdrawal machine within the Dongdaemun-gu Seoul Central Federation 756, Cheongsan-dong, Dongdaemun-gu, Seoul, with no return to the victim.
3. Larceny;
A. On February 14, 2013, the Defendant, as described in paragraph 2, carried the Defendant’s Agricultural Cash Card owned by the victim, and then withdrawn KRW 100,000 in cash deposited in the account linked to the said Card from the cash withdrawal machine listed in paragraph 2 on February 14, 2013, without permission, using the Agricultural Cooperative Cash Card owned by the victim.
B. At around 16:43 on February 14, 2013, the Defendant: (a) at the cash withdrawal point in the Cheongyang-ri Branch in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, 756.
In the same manner, 70,000 won in cash was withdrawn without permission and stolen it.
[2013 High Court Decision 2651]
4. The Defendant, around 11:00 on May 25, 2013, has fulfilled the value of food to H who works from “G cafeteria operated by the Victim F in Dongdaemun-gu Seoul, Dongdaemun-gu as an employee.”