A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal record] On February 14, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and was sentenced to a new trial on the constitutionality of the provision of the said Act by a ruling of the said Act. On July 17, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny at the Seoul Central District Court, which was sentenced to imprisonment with prison labor for one year and nine months, and the execution of the sentence was terminated on September 22, 2015 at the Seoul Central District Court.

On March 23, 2016, the Defendant was sentenced to ten months of imprisonment for the attempted larceny at the Seoul Central District Court, and was sentenced to two months of imprisonment for the crime of embezzlement at the Seoul Central District Court on September 28, 2016. On December 8, 2016, the Seoul Central District Court completed the enforcement of each of the above punishment on December 8, 2016.

On March 24, 2017, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on one year and six months, and the execution of the sentence was terminated on July 2, 2018 at the Ansan Prison.

[Criminal facts]

1. On August 2, 2018, the Defendant, on the front side of the building in Gwanak-gu, Seoul Special Metropolitan City, found the KB C 30,000 won of the market price consisting of KRW 1,30,000,000, KRW 1,000,000,000.

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.

2. On August 2, 2018, at around 02:43, the Defendant purchased goods, such as 2,950 won at the market price, from the “F convenience store operated by the victim under the name in the Gwanak-gu Seoul Special Metropolitan City’s name,” and paid the price by presenting the KB physical card, as described in paragraph (1), to the employees of the above convenience store, as if it was his/her physical card.

However, the defendant was not the owner or legitimate holder of the above physical card, and even if he purchased the above goods, he shall pay the price.