Defendant shall be punished by imprisonment for not less than three years and six months.

Punishment of the crime

[2] On October 4, 2002, the defendant was sentenced to the suspension of the execution of punishment for larceny for 8 months at the Daejeon District Court on May 14, 2003; 1 year and 6 months from imprisonment for larceny for 1 year and 3 months from September 22, 2004 at the Incheon District Court on November 29, 2005 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court on the Aggravated Punishment, etc. of the Specific Crimes; 1 year and 6 months from imprisonment for 1 year and 3 months from the enforcement of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on November 15, 2006; and 3 years from the Seoul District Court on September 9, 2008 to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul District Court on March 25, 2015.

[Criminal facts]

1. Embezzlements of deserted articles in possession;

A. On November 2016, the Defendant acquired one 200,000 won of the market price (LUCOEN) totaling KRW 200,000,000, which includes two copies of the KB Bank STRCHEC card, which is owned by the victim C in Samsung C’s male toilets located in Samsung C, Gangnam-gu, Seoul, 538.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

B. On November 20, 2016, around 15:00 on November 20, 2016, the Defendant acquired one of the 200,000,000, the market price of Samsung Card, which includes one copy, etc., owned by the victim F, who was on a rail at the place in Seongbuk-gu Seoul Metropolitan Government D, was lost.

Defendant did not take necessary procedures, such as returning the acquired property to the victim.