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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged are organized and recognized as follows:
【Criminal Power】 On January 8, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Seoul Western District Court on January 1, 2009, and completed the execution of the sentence in Seoul Southern District Court on October 20, 2009.
【Criminal Facts】 The Defendant is a person who had been on duty as a manager from around December 2, 2010 from the former D and the second floor “E” to the time when he was operated by C.
C During the operation of the foregoing drinking house, if you attract a guest who is in a bad condition, and let the other customer drink the alcoholic beverage by mixing with the fluorites, and if the customer takes the drinking to the extent that it is difficult for him to distinguish the fluority, C had the customer take the money by deceiving the customer as if he had provided the fluoral share more than the fluoral value, and suggested the defendant, F, and G to receive the money by claiming excessive drinking value, and the defendant, F, and G accepted the proposal.
Accordingly, C takes charge of such business, F and G in combination with customers, leading customers to drink, and the Defendant recruited to take the role of withdrawing cash from the neighboring cash payment machine and delivering it to C by using the card of the fluent customers.
The Defendant, according to the above public offering, led C to a change of guest around 00:00 on January 14, 201, under the influence of the victim H, who entered the said drinking house, and received a cash card from the victim. At around 02:10 on the same day, the Defendant withdrawn KRW 1,200,000 from the cash withdrawal machine at the Gyeyang Saemaul Depository’s cash withdrawal machine during the period near the said drinking house, and then acquired the said money by receiving the said money from C, from that time to February 19, 2011.