A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the embezzlement of the deserted articles in possession is acquitted.

Punishment of the crime

(5) On September 22, 2009, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Busan District Court on Sep. 22, 2009; on Nov. 30, 2010, the same court was sentenced to two years; on Jun. 28, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for intrusion upon a structure at night; and on May 14, 2015, the execution of the sentence was completed in Busan District Court.

On February 3, 2018, at around 02:40, the Defendant: (a) intruded the slid of the above car page, which was not corrected in Busan Dong-gu C, with a window installed in the window, and stolen it with a cash of KRW 300,000,000,000 for the device owned by the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E and D;

1. Reporting on occurrence of a disaster;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of repeated crimes, etc.);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The basic area (two years to four years) of the theft category 2 (Habitual Larceny) under the Aggravated Punishment of Specific Crimes Act on the scope of the punishment recommended;

2. A sentence shall be pronounced by taking into account the fact that the amount of damage to the determination of the sentence is a small amount;

Parts of innocence

1. The summary of the facts charged (2018 Height 100) the Defendant, from November 10, 2017 to January 3, 2018, embezzled, without following necessary procedures, such as acquiring one cell phone at the market price of the victim E, and returning it to the victim, on the street around the Seocho-dong, Busan Metropolitan City, from around November 10, 2017 to around January 3, 2018.

2. Determination

A. On January 2013, the victim stated that “The instant mobile phone was lost within the apartment complex located in the Jeonju-si, Jeonju-si.”

In this regard, the defendant is located in the Seocho-gu Busan Metropolitan Government from November 10, 2017 to January 3, 2018.