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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 4, 2016, the Defendant habitually stolen goods worth KRW 648,00,00, such as food materials and powder powder, 13 times from May 11, 2017, from the time on which he/she opens a gate that was not corrected at the time of the victim C’s house located in Nam-gu, Nam-gu, Nam-gu, Seoul, Seoul, and the victim’s house, and later steals one chemical worth of KRW 10,000, the market price owned by the victim.
On October 22, 2015, the Defendant stated that “Around 2017, the 2576 Highest 2576, the Defendant made a false statement to the victim D, “I would like to operate a restaurant at the factory’s premises, along with B, to operate the restaurant. I would like to pay money.”
However, the defendant did not have the intent or ability to operate the above cafeteria together with the victim, and the money received from the victim was thought to be used for personal purposes.
Nevertheless, the defendant deceivings the victim as above and received 7 million won in total, including 5 million won in cash and 2 million won in cash, from the victim under the name of the same day.
Summary of Evidence
"2017 Highest 2007"
1. Statement of the defendant in the second public trial records;
1. Each statement of C, E, F, G, H, I, J, K, L, M, N,O, and P;
1. Photographs (CCTV photographs), each CCTV, and other photographs;
1. Habituality of judgment: The Ministry of Health, Welfare and Family Affairs shall recognize dampness in the light of the records of crimes, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes has been systematically repeated;
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Relevant legal provisions of the Criminal Act, Articles 332, 329 of the Criminal Act (Habitual larceny) concerning criminal facts, Article 347(1) of the Criminal Act, and choice of imprisonment with prison labor, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act and the Act on the Medical Treatment, Care, Custody, etc., to observe the protection and order for medical treatment;