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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
On December 12, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and ten months at night in the Gwangju District Court due to the intrusion of structures at night, theft, etc., and the judgment became final and conclusive on March 29, 2018.
[2017 Highest 5860] The Defendant: (a) on August 10, 2017, when the Defendant received money from another person; (b) despite the absence of the intent or ability to send things, the Defendant posted a letter on the Internet’s website stating that he/she would sell bicycles; and (c) on deposit money to the victim C, he/she would have issued a bicycle, he/she would have paid KRW 1,350,000 on the same day from the victim to his/her Saemaul Treasury account.
The Defendant, including that, from that time until September 5, 2017, received a total of KRW 3,350,000 from the injured party on five occasions, such as the list of crimes in the attached Table.
[2018 Highest 1102]
1. On June 3, 2017, the Defendant intruded into a warehouse through the gap between the entrance doors and floors managed by the victim E, who had been at the latest in P.M. around P.M., and stolen seven bicycles owned by the victim and the victim’s bicycle stored therein (total market price of KRW 2.8 million).
2. On June 4, 2017, the Defendant intruded into the above warehouse by the foregoing method at the latest in P.M., and stolen seven bicycles owned by the victim (total market price of KRW 2.8 million).
3. On June 5, 2017, the Defendant intruded into the above warehouse by the foregoing method at the latest in P.M., and stolen seven bicycles owned by the victim (total market value of KRW 2.8 million).
Summary of Evidence
【Criminal Records】
1. Each judgment (an order of 2018 Highest 1102 Evidence No. 15);
1. Inquiries of summary information of the case (2018 order Nos. 1102 evidence No. 16 of order 2018) (2017 order 5860)
1. Statement by the defendant in court;
1. C’s statement;
1. Each detailed statement of transfer;
1. Each text message [2018 Highest 102] 1.