A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. On May 21, 2016, the Defendant, while working as an employee of “E” operated by the victim D (35 tax), was provided two copies of debit cards (physical cards) connected to the Busan Bank Deposit Account (H) and two credit cards (I and B) of the victim, who suffered damage for the purpose of ordering, remitting, issuing invoices, etc. necessary for the import of kimchi from the victim’s office located in Busan District Ftel 916 around May 21, 2016.

Although the Defendant breached the above duty of care to use the debit card and the credit card as above for the business of “E”, the Defendant breached the said duty, and thereby, at the “L” office located in K on May 21, 2016, arbitrarily used one of the above credit cards to pay 100,000 won of his own loan expense. From that time, until November 18, 2016, all of the above debit cards and the credit card were 85,349,868 won in total by arbitrarily paying the payment or withdrawing or transferring the deposit for its private use, as shown in the list of crimes in attached Table 432 during the period from November 18, 2016.

2. On March 6, 2017, at around 14:00, the Defendant: (a) stolen one set of Nowon-gu computers owned by the said victim (around 1.2 million won) on his/her book at “N” office located in Gangseo-gu Busan, Gangseo-gu, Busan; and (b) stolen the said victim’s one.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. A complaint;

4. Application of each statute on financial transaction details;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) point of occupational breach of trust: Articles 356 and 355(2) of the Criminal Act (generally, the choice of imprisonment);

(b) The point of larceny: Article 329 of the Criminal Act;

2. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes of occupational breach of trust with heavier punishment).