A defendant shall be punished by imprisonment with prison labor for up to six months.

Criminal facts

On July 20, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on January 27, 2017, and the execution of the sentence was terminated. On April 26, 2018, the Seoul Western District Court sentenced six months of imprisonment with prison labor for fraud, etc. at the Seoul Western District Court, and released the release on May 4, 2018 on the same day.

On August 23, 2019, around 13:13:13, the Defendant discovered and accessed the Victim E employee F of the Victim E, Inc., Ltd., the above measured institute controlled entity, in order to repair the measuring station on the floor, and then stolen it by putting off the construction section amounting to KRW 50,00,000, the market price of which is equivalent to KRW 2,148,000, KFT-730, the market price of the victim E-owned corporation, the victim E, the above measured entity, in the floor.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Written estimate;

1. Application of video-related Acts and subordinate statutes at the time of larceny;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Aggravation factors of larceny (special salvists), such as stolen articles left alone, etc. (special salvists), according to the sentencing guidelines (decision of type): Aggravation area of repeated crimes [recommended area and recommendation range] increased, six months to one year, and imprisonment with labor for the same kind of repeated crimes which are not applicable to specific crime Aggravated Punishment;

2. Determination of sentence: (a) the Defendant’s mistake and reflects the Defendant’s fault; and (b) the Victim F was placed in a space between the said equipment and the cash automatic withdrawal machine, which is the damaged product, while maintaining the atmospheric environment measuring equipment; (c) the Defendant’s temporary theft, citing the said tool room; and (d) the degree of the Defendant’s possession of the damaged product is strong.