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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Larceny;
A. On January 21, 2017, the Defendant voluntarily withdrawn KRW 850,000 by using the D Card in cash with C’s name without C’s consent from the automatic payment machine, which is managed by the person who was in the first floor of the Busan B building, on January 21, 2017.
Accordingly, the defendant stolens cash owned by a victim under the name of the manager of the cash payment period.
B. From May 13, 2017 to around 05:47 to around 08:21, the Defendant voluntarily withdrawn KRW 800,000 in cash using the G bank card in the name of F without F’s consent from the automatic payment machine, which is managed by the person who suffers from non-damage to the name in Busan Jin-gu, Busan, for three times, from May 13, 2017.
Accordingly, the defendant stolens cash owned by a victim under the name of the manager of the cash payment period.
2. Embezzlements of deserted articles in possession;
A. On May 2017, the Defendant, on May 1, 2017, embezzled separated articles possessed by a police officer, kept the same in his/her own mind and embezzled without following necessary procedures, such as acquiring the driver’s license of the victim H, who was a guest, from the main point of the Defendant’s operation in Busan Jin-gu, Busan, and returning it to the victim, at the early stage of his/her operation.
B. On May 13, 2017, the Defendant, at around 08:21 on May 13, 2017, embezzled: (a) the victim F was lost at the main point of the foregoing paragraph (a) of the said paragraph by the victim F, who was a customer; (b) obtained the mobile phone auxiliary 10,000 won at the market price; (c) did not take necessary procedures, such as returning to the victim; and (d) continued to keep the said item on his/her own idea and embezzled it.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to C, H and F;
1. In the Act and subordinate statutes, an investigation report (in relation to damaged materials by victim F), investigation report (in relation to cash withdrawals of victim F), investigation report (in addition, such as the details of cash withdrawals from victim F), etc.