Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
At around 14:00 on September 12, 2014, the Defendant: (a) requested the Defendant to lend KRW 3 million to the victim B (the age of 37) at the 53, 199-ro, Tae Young-ri, Inc., Ltd. 2; and (b) delegated the Defendant to withdraw KRW 3 million from the victim and use KRW 3 million; and (c) received the Agricultural Cooperative Cash Card, the victim’s possession.
At around 14:30 on the same day, the Defendant released 3 million won, which is the amount delegated by the victim, using the cash card delivered by the victim, before the cash automatic withdrawal in the agricultural cooperative located near the commercial investigation distance at both sides of the same day, and then, in order to use the cash in excess of the amount delegated by the victim with the knowledge that there are a large balance in the passbook of the victim, the Defendant continued to enter the victim’s secret number immediately, and then withdrawn more than 3 million won on three occasions from the above date to September 14, 2014, and from the above date to September 04:23, 2014, the phrase “passing cash withdrawal” in the “Act” column 14, which is attached to the indictment, as described in the attached list of crimes, appears to be a clerical error in the transfer to the account of the Defendant.
Considering the fact that the defendant is led to confession, it is judged that there is no substantial disadvantage in the exercise of the defendant's right of defense even if the correction is made ex officio.
In total, 44,409,850 won was withdrawn in cash or by check or transferred to the account of the defendant over 20 times.
The Defendant, as such, entered information without authority in the cash withdrawal machine, and made the information processed, thereby acquiring pecuniary benefits equivalent to the ratio of the portion exceeding the amount delegated by the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. The investigation report (the investigation of places to withdraw counter parties of the suspect);