beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. 2013 highest 501;
A. On January 27, 2012, the Defendant made a false statement to the victim that he was hospitalized in the same hospital at the victim D’s home located in Yasan City, Yasan-si 303 on January 27, 2012, stating, “The Defendant created 10 franchis, 5 frans, and 20 franchis together with the franchis that he/she had in the face to go to go to go to the franchis, and the remaining money will be deposited in the head of the Tong in cash to deposit KRW 7 million in the head of the Tong.”
However, even if the defendant received a plaque from the victim, he did not have the intent or ability to deposit the remaining money with the victim's passbook.
The Defendant, as such, by deceiving the victim, received from the victim two gold bars (one passbook in the name of the victim, one of the total market value of 10,000,000 won, and one of 18K 10,000,000 won) in the name of the victim, one gold sheet (1, 24K 20,000), two gold sheet (1, 24K 20,000), and one gold sheet (1, 24K 5,000 and 18K 3,000), respectively.
B. A thief, as indicated in paragraph (1), voluntarily withdraws a deposit from the account held in the victim’s name with the intent to use it for personal use, such as entertainment expenses, etc., and then, on January 27, 2012, the Defendant collected the said passbook from the cash payment machine installed at the 40-1 central point of the Victim Nonghyup Bank located in the Yasan-si, Yasan-si, 3, a 40-1, and then deleted it by inserting the withdrawal amount and password in the order of entry.
2. At around 09:50 on November 2, 201, the Defendant, along with a request from G that “one hundred thousand won in cash is withdrawn and the tobacco is cut off” at the F Hospital 502 located in Namdong-gu Incheon Metropolitan City, Nam-gu, and received the said G-owned cash card, and then, at around 09:54 on the same day, owned the said G-owned cash card to the cash payment machine managed by the said Agricultural Cooperative at the point of the Gu branch in the same Dong-gu, Seoul Metropolitan City.