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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
"2019 Highest 2878"
1. On May 26, 2019, the Defendant embezzled the property that was occupied by the victim without taking necessary measures, such as acquiring one copy of the national card owned by the victim B, which is the victim’s loss, at the time of the Government of Gyeonggi-do, and returning it to the victim, at around 14:00, the Defendant embezzled the property that was lost from the possession of the victim.
2. At around 12:41 on June 6, 2019, the Defendant stolen the victims’ property at least three times, as described in the attached Table 1, from that time until June 29, 2019, in the “E” car page of the building C, a member of the Gyeonggi-si, Gyeonggi-si, the Defendant, a business owner of which was located in the headquarters of the Victim F, in an amount equivalent to KRW 1,556,50, the market value of Samsung Ggalopon 5G Smartphone 1, a driver’s license located in Samsung Ggalopon 1, a 557G smartphone 1, a smartphone 1, and a future security card.
3. On May 26, 2019, around 16:28, the Defendant was engaged in “H” operated by the victim’s name in the G market at the Government of the Gyeonggi-si, the Government of Gyeonggi-si, as if he had been duly entitled to use the Defendant’s national card in the name of B that was lost, and the Defendant acquired the Defendant’s pecuniary advantage equivalent to the amount of KRW 18,000 from the victim by purchasing 18,000 from the victim and settling the account with the said card and acquiring the pecuniary advantage equivalent to the same amount. From that time, the Defendant was aware that there was a legitimate right to use the card in the name of another person that was lost or stolen on 63 occasions from June 29, 2019, and settled with the said card and acquired the pecuniary advantage equivalent to KRW 1,263,890 in total.
4. The Defendant attempted to commit fraud at around 13:10 on June 6, 2019, at the “J” under the victim’s name and undissatisfied operation of the [Y-gu, Gyeonggi-si, Gyeonggi-si, Gyeonggi-do, the Defendant had a legitimate right to use the F’s card in the name of F, as stated in paragraph (2) of the facts charged.