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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Justice] On August 18, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for special larceny, etc. in Inn the Suwon District Court’s Branch on January 26, 2016. On October 7, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. and completed the execution of the sentence in Daegu Prison on June 25, 2017.
[2018 Highest 3451]
1. On August 25, 2018, the Defendant was engaged in the delivery of food and the collection of money by having the victim C receive daily allowances from “Dcafeteria” operated by the victim C in Daegu-gu, Daegu-gu, and working as delivery employee.
At around 14:00 on the same day, the Defendant had 1.29,00 won for food and beverages kept in custody for the victim and 700,000 won for the victim’s market value, and had 1,000,000 won for Samsung Tgal ju, with which the market price cannot be known, and embezzled the above money by voluntarily consuming it as the Defendant’s living cost.
2. Larceny;
A. On October 16, 2018, around 00:30 on October 16, 2018, the Defendant: (a) reported that the fixed amount of the victim’s mobile phone owned by the victim E was damaged; and (b) received the mobile phone from the victim while the Defendant intended to repair it free of charge; (c) took advantage of the gaps in surveillance of the victim’s mobile phone case, the Defendant stolen the victim’s mobile phone by taking advantage of the gaps in which the victim’s surveillance was neglected; and (d) taking advantage of the gaps in which the victim was posted to the relevant mobile phone case, she cut off the victim’s Daegu Bank BC card, which was owned by the victim.
B. On October 27, 2018, the Defendant, at the “J” parking lot located in Daegu Northern-gu I, Daegu Northern-gu, Inc., stating that “A personally known K Articles will get off the victim’s cell phone repair,” and received the victim’s Samsung YY 8 mobile phone owned by the victim, which is equivalent to KRW 11.50,00 won at the market price, from the victim, and committed theft.
(c).