A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On August 12, 2015, the Defendant was sentenced to one year and six months of imprisonment for habitual larceny at the Seoul Western District Court (Seoul Western District Court) and was released on December 24, 2015 from the Seoul Southern District Court on December 24, 2015, and the remaining period of imprisonment has expired on May 6, 2016.

around 16:55 on July 1, 2016, the Defendant committed an act as if he were to purchase gift certificates at the oral virtual store operated by the victim E (71) in front of the headquarters located in Jung-gu Seoul Metropolitan Government, and made a request for 10,00 won of gift certificates to the victim, and made a theft of KRW 14,00,00 won of gift certificates, 10,000 won of gift certificates, 1,5,000 won of gift certificates, and KRW 21,50,00 won of gift certificates, and KRW 10,50,00 won of gift certificates, including KRW 4,10,000, KRW 100 gift certificates, KRW 4,100 gift certificates, KRW 10,50 gift certificates, KRW 4,100 gift certificates, KRW 10,000, KRW 100 gift certificates, KRW 10,000, KRW 4345,00 gift certificates.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (as regards unexploded articles): photographs;

1. Previous convictions in judgment: Application of inquiries about criminal history and investigation reports (formers and attachment of written judgments) and statutes;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria, and the same type of repeated crime that does not fall under the mitigated area (4 months to 10 months) (special mitigation) of the mitigated area (special mitigation (special mitigation)] of the mitigated area, for the general property;

2. Circumstances disadvantageous to the determination of sentence: In light of the method of the instant crime and the amount of damage, etc., the nature of the instant crime is not good, there was a history of having been punished several times for the same type of crime, and the circumstances favorable to the fact that each of the instant crimes was committed during the period of repeated crime as long as long as the period of release has not elapsed: A person who suffers damage by mutual agreement with the victim is not wanting to be punished by the Defendant.