Text
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Embezzlements of lost possession;
A. On August 1, 2013, the Defendant, at around 03:00, found the amount equivalent to one million won at the market price of one cellular phone 2 mobile phone owned by the victim, lost the victim, in India near the Dong department market located in the Jung-gu Seoul Metropolitan Government.
B. On August 1, 2013, around 04:00, the Defendant acquired the amount equivalent to KRW 800,000,000 of the market value of one mobile phone-based 3 mobile phone-based junife, which is owned by the non-victim of the victim, in front of a forest vehicle store located in Jungdong-gu, Seoul.
C. On August 21, 2013, at around 04:00, the Defendant found the amount equivalent to one million won at the market price of the observer G protocol, which was owned by the non-victim of the victim, at the event in front of the park in Jung-gu Seoul Metropolitan Government.
The Defendant, without taking necessary measures such as returning the above acquired property to the victims, embezzled each of them on his own thought.
2. From around 01:00 on August 2013, the Defendant stolen money and valuables worth KRW 3,647,000, total market price of the following four times from around 05:00 until September 14, 2013, which was under the influence of alcohol in front of the building in the amusement room near the entrance, with a view to galloning ownership of the victim, the Defendant: (a) committed a theft with a view to a total of KRW 500,000,000 in total, as indicated in the list of crimes in the attached Table.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning the examination of suspect of the police against D;
1. A written statement of E, F and G;
1. Application of Acts and subordinate statutes to the protocol of seizure and the list of seizure (Evidence Nos. 12, 13);
1. Relevant Articles 360 of the Criminal Act for the crime (the point of embezzlement of stolen property, the choice of imprisonment), and 329 of the Criminal Act for the crime (the point of larceny and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the background and method of the instant crime; (b) the amount of damage; and (c) the Defendant is against the Defendant.