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A defendant shall be punished by imprisonment for not more than ten months.
The seized 24K Circuit 15 money (No. 1) shall be issued to the victim B.
Reasons
Punishment of the crime
[Criminal Power] On May 23, 2019, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Daejeon District Court on August 3, 2019 and completed the execution of the sentence.
【Criminal Facts】
At around 15:00 on July 30, 2020, the Defendant saw that he would purchase the precious metal displayed for sale at the same time, the Defendant saw that she would have her purchase the precious metal, and her her franchising at the market price of KRW 6,275,560 equivalent to KRW 3,171,00,000, and her franchising at the market price of KRW 3,07,380 equivalent to KRW 3,07,380, and her franchising at the market price of KRW 302,00.
Accordingly, the Defendant stolen precious metal worth KRW 12,825,940, total of the victims.
Summary of Evidence
1. B’s written statement of the defendant’s legal statement, records of seizure, investigation report on seizure list (Comparison between the start and the start at the time of arrest of the accused at the time of committing the crime), photographs of a CCTV image photograph (Evidence List No. 5, No. 7), on-site photographs, and records of the victim’s submission of data: One copy of the printed materials of the judgment, one copy of the printed materials of the judgment, and one copy of the criminal record records
1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;
1. Article 33(2) and Article 333(1) of the Criminal Procedure Act (Article 35(1)1 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Compensation Application (Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Compensation Application (Article 35 of the Criminal Procedure) provides one gold sheet equivalent to KRW 6,275,560, which was stolen from the victim B as stated in the Defendant’s judgment, and the prosecutor has acquired it through exchange with some cash payment) [the articles acquired through exchange with stolen goods are not subject to forfeiture, but they are not subject to forfeiture; hereinafter the same shall not apply]. Since the amount of damage indicated in the judgment by the applicant for compensation is different from the amount of damage indicated in the application for compensation order and the scope of compensation liability for the Defendant’s applicant for compensation is not clear.