A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 18, 2011, the Defendant sentenced the Seoul East East District Court to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on March 21, 2013.

1. The Defendant: (a) around 09:50 on June 19, 2013, at the side room of the “Emagy site shop” c building 303 operated by D, Jung-gu, Seoul, Seoul, the Defendant: (b) held a copy of the corporate bank e-mail card in the name of D’s son F, which was located in the Republic of Korea during the locking period.

Then, around 10:00 on June 19, 2013, the Defendant collected the above corporate bank check from the cash automatic machine managed by the victim corporate bank, which was installed at this place, and then withdrawn KRW 2,00,000,000 in total by inputting the withdrawal amount of KRW 1,00,000 on two occasions.

Accordingly, the Defendant stolen cash owned by the victim.

2. Around 10:10 on June 19, 2013, the Defendant used computers, etc.: (a) up to 10:10, Jung-gu, Seoul, Chungcheongnam-ro 4-ro 78; (b) collected the said corporate bank’s physical cards from the cash automatic machine managed by the corporate bank of the victim Co., Ltd. established therein; (c) obtained a password; and (d) transferred KRW 5,00,000 from the said corporate bank account to the Defendant’s agricultural bank account.

Accordingly, the defendant acquired financial benefits of 5,000,000 won by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A copy of each bankbook;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (the date of release, etc.);

1. Relevant legal provisions Article 329 of the Criminal Act, Article 347-2 of the Criminal Act and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, the sentencing guidelines are applied to the reasons for sentencing in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.