A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 12, 2013, the Defendant was sentenced to imprisonment with prison labor for special larceny for six months in the Suwon District Court's Ansan Branch on September 12, 2013, and the said judgment became final and conclusive on September 23, 2013.

1. At night, the Defendant had no money during the night, thereby having stolen money from the convenience store.

At around 04:00 on June 11, 2013, the Defendant: (a) confirmed that there was no convenience store in the “D” convenience store for the victim C’s operation located in Ansan-si, Seoul-si; and (b) took advantage of two transportation cards in the market price, which is the victim’s ownership, which was intruded into the room and was stolen by checking the convenience store inside the convenience store.

2. The Defendant entered “10,000,000,” and “110,000,000,” respectively, in the order of the date, time, place, etc. under paragraph (1) of this Article, in two stolen transportation cards in the card impulse exclusive device, and charged the amount equivalent to KRW 210,000 in total.

Accordingly, the defendant acquired financial benefits of 210,000 won in total by inputting information into a computer and other information processing device without authority.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. Receipts for transportation cards;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a final and conclusive copy of judgment) and other Acts and subordinate statutes;

1. Relevant Article 347-2 of the Criminal Act and Article 330 of the Criminal Act concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (In cases of a suspended sentence, consideration shall be given to the principle of equity in cases of a judgment concurrently with the offense in which the judgment becomes final and conclusive, the age of the accused, family relationship, etc.);