A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal record] On April 28, 2014, the Defendant was sentenced to six months of imprisonment for larceny at the Seoul Southern District Court (Seoul Southern District Court) and completed the execution of the sentence on October 1, 2014.

[Criminal facts]

1. On December 14, 2016, at around 01:00, the Defendant embezzled, on the front day of the packing horse near “D” located in Yeongdeungpo-gu Seoul Metropolitan Government, the victim E obtained one cell phone at the market value of KRW 900,000,000 from the 6S cell phone, and returned to the victim, without following necessary procedures, and embezzled the victim’s idea.

2. Larceny;

가. 피고인은 2016. 12. 27. 21:19 경 서울 영등포구 F에 있는 피해자 G 운영의 ‘H 편의점 ’에서 종업원인 I의 감시가 소홀한 틈을 타 그 곳 진열대에 놓인 시가 1,500원 상당의 ‘ 오징어 짬뽕’ 컵 라면 1개와 냉장고에 놓인 시가 1,600원 상당의 소주 1 병을 외투에 넣어 가지고 가고, 같은 날 21:33 경 위 편의점에 다시 들어가 시가 1,600원 상당의 소주 1 병을 같은 방법으로 가지고 가 피해자의 재물을 절취하였다.

B. On December 28, 2016, around 07:19, at the convenience store in the operation of the above Victim G, the Defendant: (a) placed in the display stand in the display stand the gap of the J, an employee, and (b) placed in the display stand a small amount of KRW 4,000 in the market price of KRW 4,00; and (c) placed a small amount of KRW 1,600 in the air condition of the air conditioners, and stolen the property of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Each written statement of J, E, and I;

1. A photograph of seized articles, CCTV image data taken by a police officer on his/her cell phone, a photograph of CCTV at the scene of the occurrence;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

1. Relevant Article 360 of the Criminal Act concerning the crime, Article 360 of the choice of punishment (the embezzlement of deserted articles in possession), Article 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, and Article 38.