A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal record] On May 7, 2015, the Defendant was sentenced to eight months of imprisonment due to fraud, etc. at the Seoul Central District Court, and completed the execution of the sentence at the said prison on October 26, 2015.

[Criminal facts]

1. From July 16, 2016, around 01:20 on July 16, 2016, the Defendant: (a) was passing ahead of the clothing store of “D” in the first floor of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government C Building; (b) discovered the victim E, who was under the influence of alcohol in front of the above store, and then was stolen by taking one non-legal verification color of the market price at the market price, which is the victim’s ownership, located adjacent to the above store.

2. Between around 01:00 to 02:00 on July 16, 2016, the Defendant acquired one cell phone of 6S mobile phone in front of the F building in Gangnam-gu Seoul Metropolitan Government, and the victim G was the victim’s holding market value equivalent to one million won.

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.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and E;

1. Each investigation report (CCTV investigation, victim E phone statement, victim G telephone statement, hearing statements by police officers called to the scene and reporting thereon);

1. Each photograph, CD;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report (report on confirmation as to whether a repeated crime is committed);

1. Article 329 of the Criminal Act (a point of Section 1) and Article 360 (1) of the Criminal Act concerning the crime (a point of embezzlement of deserted articles in possession);

1. Selection of each sentence of imprisonment;

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

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above two crimes) of the aggravated concurrent crimes;

1. Sentencing Sentencing [Scope of Recommendation] There is no person who is in charge of the basic area (eight months to two years) of the thief for general property (the imprisonment with prison labor for 8 months and two years) (the special sentencing person] [a majority crime processing criteria] and Article 37 of the Criminal Act.