Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant, as a cel employee in Bupyeong-si, told the victim D, who was accommodated in the telecom under the influence of alcohol, “it is necessary to pay accommodation expenses”, and thought that the Defendant, who was aware of the password, was using the cel’s account by withdrawing and transferring the deposit from the victim’s account to the cel employee to use it for living expenses, etc.

1. On December 31, 2017, the Defendant: (a) removed KRW 300,000 in cash from the ATM machine that was managed by the victim’s name and influence at a convenience store near the above telecom; and (b) subsequently stolen the ATM machine’s cash card by inserting it into the machine and inputting the password.

2. The defendant collected the same agricultural cooperative cash card from ATM machine at the same place on the same day, entered the password, and was in a deposit account in the name of the victim without authority, at the same place on the same day.

2.10,000 won was transferred to the agricultural bank account in the name of the defendant to acquire the equivalent pecuniary profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the accused by the prosecution (including the part concerning the statement D);

1. Statement made by the police for E;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a cash IIC card owned by a victim, details of transactions by a victim, and details of deposits transactions;

1. Relevant Article 329 of the Criminal Act, Articles 347-2 and 347-2 of the Criminal Act, the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;