A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On August 26, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Seoul Eastern District Court on August 26, 2011, and on January 28, 2012, the Defendant completed the execution of the sentence at the first prison of the North Korean defectors.

【Criminal Facts】

On August 22, 2014, at around 00:55, the Defendant acquired one bank equivalent to the total market value of 500,000 won in the face value of the wall, automobile keys, and USB, etc. consisting of the victim C, within the dong Station of 1 subway 2 and Dong Station of the Seoul Jung-gu, Seoul.

The Defendant, without taking necessary procedures such as returning the above acquired property to the victim, embezzled it on his own idea.

around 01:08 on March 28, 2015, the Defendant acquired a bank located in the HPart North Korea in the front line of subway 2 located in Seongdong-gu Seoul, Seongdong-gu, Seoul. In addition, the Defendant acquired a bank located in Seongdong-gu, Seoul, in the front line of subway 2 located in the Sungdong-gu, in an amount equivalent to the total market value of 600,000 won.

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

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

Summary of Evidence

[2015 Highest 2435]

1. Statement by the defendant in court;

1. Partial testimony of the witness C;

1. Investigation report (CCTV verification and investigation) and photographs attached thereto;

1. Previous convictions as indicated in judgment: Criminal records, investigation reports ( Results of the search of prisoners), investigation reports ( criminal records of the same kind and reports on the results of repeated crimes, and reports on the confirmation thereof), and respective accompanying documents (2015 order-2742);

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report internal investigation (field search, etc.);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 360 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes (as to the crime of embezzlement of stolen objects in possession, Article 2015 high group 2435)

1. Of concurrent crimes, some of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Crimes No. 2015 order2435) is the period of repeated crimes.