A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 24, 2011, the Defendant was sentenced to three years to imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on September 18, 2014.

1. The Defendant, at around 00:40 on March 20, 2016, worked as an employee at the main point of “D” located in Osan City, Inc., and embezzled the above debit card with his/her own mind on the same day while receiving a request from the victim E who is a customer to withdraw his/her deposit and being issued a debit card from the victim E, and kept for the victim.

2. 절도의 점 피고인은 2016. 3. 20. 03:31 경 오산시 F 앞길에서, 그 곳에 설치되어 있던 피해자 주식회사 BGF 네트웍 스에서 관리하는 현금 인출기에 위와 같이 횡령한 E 명 의의 우리은행 직불카드를 집어넣고 비밀번호를 입력하는 방법으로 120만 원을 인출하여 가 이를 절취하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. A statement on the details of cash withdrawal;

1. Statement of investigation report (to hear statements from victims Eline);

1. Previous convictions in judgment: Application of respective Acts and subordinate statutes in which inquiries, such as criminal history, replys to inquiries by each individual, and acceptance status are recorded;

1. Relevant legal provisions concerning criminal facts, Article 355(1) of the Criminal Act (the point of embezzlement), Article 329 of the Criminal Act (the point of intent in Section 1), and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) The category of larceny (basic crime) / [type] the aggravated area (special aggravated factors) of the second category (general larceny) of larceny for general property, which does not correspond to the aggravated area (special aggravated factors) (the scope of recommending punishment] of the same repeated crime (the scope of recommending punishment] from October to two years;

(b) The basic area of embezzlement [types] Type 1 (less than KRW 100,00) [the scope of recommending punishment] shall be sentenced to imprisonment of four months to one year and four months;

C. The scope of final sentence due to the aggravation of multiple offenses: Imprisonment from 10 months to 2 August 2.