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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
1. Larceny;
A. On October 22, 2015, the Defendant stolen a mobile phone case containing LG G4 smartphones and a national bank card, etc. in an amount of KRW 1 million at the market price owned by the victim D, which was located in a living room at a lodging place in the construction site located in Pyeongtaek-si C, around 00:00.
B. On October 22, 2015, the Defendant: (a) posted a cash card issued in the name of a national bank in the name of the victim D, which was stolen, in the form of a cash automatic withdrawal from the Sungnam-si, Macheon-dong, Sungcheon-dong, Incheon-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si; (b) entered the password prior to the entry, and then withdrawn the cash amounting to KRW 6 million, which was kept in the
2. On October 22, 2015, the Defendant used computers, etc.: (a) entered a password, which had been known in advance, into the electronic financial system managed by the Defendant’s national bank account; and (b) had been actually used by the Defendant from the national bank account of D, when entering a password, as set forth in paragraph 1, at the 3-dong underground store located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Shin-gu, Seoul, into an automatic cash withdrawal from the 3-dong underground store.
The E transferred 24 million won in total to a new bank account in the name of E without permission, in total of 6 million won.
Accordingly, the defendant acquired economic benefits by inputting information without authority into a computer or any other information processing device.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Written statements of D;
1. Application of the details of account transactions in victim D and the details of account transactions in E name;
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of intention) and Article 347-2 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
1. The victim’s money in a trust relationship with reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Aggravation of Concurrent Crimes was stolen and returned KRW 21 million.