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Defendant shall be punished by a fine of two million won.
When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.
Reasons
Punishment of the crime
1. The Defendant, at around 02:00 on February 18, 2016, was in possession of the Agricultural C&C card owned by the victim upon the request of the victim C, who was a female living together, for scambling at the request of the victim C around 204.
The defendant was in custody of the above physical card for the victim, and was requested to return it from the victim on the same day, but the above physical card is lost to the victim.
Embezzlemented the victim's property by making a false statement and refusing to return it.
2. Larceny;
A. On February 18, 2016, around 14:39, the Defendant: (a) placed the e-mail card owned by the said C in a cash withdrawal machine (equipment No. KRJ4429) managed by the card company; and (b) withdrawn KRW 300,000 in cash by inserting the password already known at the E-mail store located in Heak-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, as described in paragraph (1).
B. At around 14:41 on the same day, the Defendant: (a) placed the instant C-owned C-related check in the cash withdrawal machine managed by the said post office, which was embezzled as described in paragraph (1), at 12-2 Cheongju-ro Do-ro 47, Cheongju-ro, Cheongju-ro, Cheongju-ro, Cheongju-ro, and then withdrawn KRW 600,000 in cash by inserting the password already known.
Summary of Evidence
The application of the law to a photographic investigation report (the confirmation report by the manager of cash withdrawal machines) by capturing the details of the withdrawal account transaction in the police statement protocol against the defendant in the police interrogation protocol as to the defendant.
1. Relevant Article 355 of the Criminal Act and Articles 355 (1) and 329 of the Criminal Act concerning the selection of criminal facts and the selection of fines;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;
3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.