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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] On April 23, 2015, the Defendant sentenced 8 months of imprisonment with prison labor and 5 million won in the Seoul Central District Court for larceny, etc., and completed the execution of the sentence on September 28, 2015.
【Criminal Facts】
1. On October 5, 2015, from around 04:00 to 04:40, the Defendant used a computer at a “EPC bank” managed by the victim D in Seoul Special Metropolitan City, Gwanak-gu, as if he would pay the amount to the victim.
However, there was no intention or ability to pay the price due to the absence of the money.
As such, the Defendant: (a) by deceiving the victim; (b) not paying KRW 1,200 to the victim’s total amount of 40 minutes after being provided with the computer from the victim’s place; and (c) not paying KRW 1,200, the Defendant acquired pecuniary benefits equivalent to the amount of the said money; and (d) acquired pecuniary benefits equivalent to KRW 8,700 by the same method three times in total as indicated in the
2. Larceny;
A. On October 12, 2015, the Defendant: (a) around 08:30 on October 12, 2015, at the “HPC bank” located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant: (b) stolen the Victim F with one resident registration certificate owned by the victim F, who was the PC customer, using the gaps in which the Victim F, was divingd; (c) one copy of the agricultural credit card; (d) one transportation card; and (e) two red sea areas located in the same place; and (e) one copy of the market price of KRW 10,000,000.
B. At around 17:40 on October 12, 2015, the victim I: (a) around 17:40, at the “KPC bank” located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the victim I, an employee of this area, had one cellular phone (galno No. 2) on the market price owned by the victim and stolen it.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of D, L, M, F, and I;
1. Criminal records as indicated in the judgment: Application of inquiries and inquiries reports, such as criminal records, and Acts and subordinate statutes on the status of personal identification and confinement;
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Fraud: Article 347(1) of the Criminal Act; Selection of imprisonment with prison labor;
(b)thief;