A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Criminal facts

From September 201, the Defendant operated a restaurant as “D” in Yangsan City with the victim B as a partner in the name of “D” in Yangsan City, and used the victim’s Dong E account (F) as a business operator who received deposits from customers in the restaurant by the card, and changed the bank from Nonghyup to a new bank account in November 201 of the same year, and the business operator was also deposited with the new bank account by changing the bank account from Nonghyup to a new bank account. However, the Defendant continued to deposit some of the payment accounts, such as the Nonghyup Card, one card, and national card, into the said agricultural bank account prior to the change.

At the time of using the previous agricultural bank account, the Defendant: (a) was aware of the fact that the payment of some card was continuously deposited in the agricultural bank account in the process of confirming the balance of the Nong bank account; (b) but the victim was aware that the Nong bank account was terminated; (c) the victim was aware of the fact that some card payment was deposited in the said Nong bank account; and (d) the Defendant was unaware of the fact that some card payment was deposited in the said Nong bank account; and (e) by using the fact that the victim was aware of the fact that a part of the card payment was deposited in the said Nong bank account, the Defendant was unaware of the fact that the victim was unaware of such deposit.

On November 26, 2011, the Defendant: (a) released and stolen money of KRW 322,781,000,000 owned by the victim from November 26, 201 to October 28, 201, in total, from around 1,063 to around 1,063, as shown in the annexed Table of Crimes List (1 to 22).

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. B.