A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. At around 02:00 on November 18, 2014, the Defendant: (a) stolen a cre in the “AE” page located in Gyeonggi-si, Gyeonggi-si; (b) committed soup; (c) with one Samsung gallon S3 smartphone in a size equivalent to KRW 900,000,000 in the market value of the victim’s ownership, the Defendant stolen the cre in which the victim was locked.

2. On November 18, 2014, at around 02:35, the Defendant purchased online coos equivalent to KRW 1.60,000,00 in total, including one sheet of 20,000 won of mobile cultural product right, by accessing a stolen victim AF’s smartphone, as described in paragraph (1), to a mobile coos, a mobile coos market.

Accordingly, the defendant obtained financial benefits equivalent to 160,000 won in total of the market price by inputting information into smartphone, which is an information processing unit, without authority.

Summary of Evidence

1. Defendant's legal statement;

1. AF statement;

1. CCTV photographs and K receipts;

1. Application of statutes to data on transmission of Internet files and details of purchase;

1. Relevant Article 329 of the Criminal Act and Articles 347-2 of the Criminal Act (the point of larceny and the choice of imprisonment with prison labor) concerning criminal facts;

1. From among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act was two times prior to the theft in the last two years, and repeated re-offending of the crime, and the fact that the damage was not recovered is unfavorable.

On the other hand, it is difficult to see that the amount of damage is significant, and there is no criminal record of suspended execution or more.

Comprehensively taking account of these circumstances, the sentence as ordered shall be determined.