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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On October 29, 2014, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Eastern District Court, and on November 3, 2015, the execution of the sentence was terminated at the Sungdong detention center. On November 24, 2016, the Daejeon District Court sentenced the Defendant to six months of imprisonment for fraud, and the said judgment became final and conclusive on December 2, 2016.
"2016 Highest 4549"
1. Embezzlement;
A. On June 25, 2016, at around 00:30, the Defendant, while working as an employee at the “C” entertainment shop located in Pyeongtaek-si B, withdrawn KRW 400,000 from the victim D, who was the customer, and received the Nong Do C C C Card with a request to request the withdrawal of food, such as drinking, from the victim D, and then withdrawn KRW 400,000,000 from the victim’s name during the cash withdrawal at the neighboring convenience store in the above main store on the same day. However, the Defendant did not deliver it to the victim and used it as living expenses, entertainment expenses, etc. in mind.
Accordingly, the defendant embezzled the victim's property.
B. On June 25, 2016, at around 00:30, the Defendant, while working as an employee at the “C” entertainment station located in Pyeongtaek-si B, withdrawn KRW 800,000,000 from the victim E, who is the customer, and received a national bank KB cc card, and then withdrawn KRW 80,000,000,000,000,000,000 from the victim’s bank’s KB ccc card at the convenience store near the above main store on the same day. However, the Defendant did not deliver it to the victim and used it as living expenses, entertainment expenses, etc. without delivering it to the victim.
Accordingly, the defendant embezzled the victim's property.
2. On June 25, 2016, the Defendant using computers, etc.: (a) took advantage of the fact that he/she was issued the No. 1’s cream card from the victim E in the vicinity of the F Building in Yancheon-si on June 25, 2016; (b) took advantage of the fact that he/she received the No. 1’s cream card from the victim E, to withdraw the additional cash exceeding the scope requested by the victim; and (c) put the said cream card into the cash withdrawal machine