A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On October 25, 2019, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Daegu District Court, which became final and conclusive on November 2, 2019.

[2019 Highest 5861] On June 21, 2019, the Defendant: (a) opened a front door and tried to steal the property in the office in the D building managed by B victim C at Busan Metropolitan City on June 21, 2019; (b) however, the front door was corrected, and the front door was not corrected; and (c) again, the Defendant did not bring the back door into the rear door. However, the back door was corrected.

Accordingly, the defendant tried to steals property by impairing a structure managed by the victim at night.

[2020 Godan1111] Around June 8, 2019, the Defendant posted a notice on the Internet “F” bulletin board using a mobile phone at the Defendant’s residence located in the Defendant’s residence located in Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-si, and the Defendant said that the Defendant sent the price of the goods to the victim G who contacted with the Defendant would send the said wall to his/her home line.

However, as the defendant did not own the above wall, there was no intention or ability to send the wall even if he receives the price of the article from the victim.

The Defendant, by deceiving the victim as above, received KRW 39,900 from the Agricultural Cooperative Account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of C and G;

1. Text details;

1. Each investigation report (related to CCTV images in the location of the incident), (related to the verification of CCTV images for crime prevention), (related to reverse tracking of the routes of the suspect), (related to the re-verification of the routes of the suspect), and (related to specific suspects);

1. Previouss before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes (verification of latter concurrent crimes Article 37 of the Criminal Act);

1. Relevant legal provisions concerning facts constituting an offense, Articles 342 and 330 of the Criminal Act that choose a punishment (the attempted larceny at night) and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment);

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