A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

If the defendant fails to pay the above fine, 50.

Punishment of the crime

On July 5, 2010, the Defendant was sentenced to two years in Seoul Southern District Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on May 6, 2012.

1. On September 2012, the Defendant discovered that the victim AD posted a notice on the “AE” bulletin board, which is an Internet site, to sell OE, and had the victim access to the victim as if he/she purchased OE, thereby having the victim stolen OE.

At around 20:20 on September 4, 2012, the Defendant: (a) had the victim AD to purchase Oraba in front of the entrance 206-1 vice-dong, Bupyeong-gu, Incheon, Bupyeong-gu, 206-1 vice-dong 206-1, and then had the victim use the Orababa in mind; (b) had the victim purchase the Orababa in front of the entrance; and (c) had the victim use the Orabababa, which is equivalent to KRW 3 million at the market price owned by the victim; and (d) had the victim use the Oraba.

2. On October 15, 2012, around 13:46, the Defendant driven a number eXIV Oba, without obtaining a motorcycle driver’s license, from around 12.76 km in the section from around 81-38, Guro-gu Seoul, Guro-gu, Seoul to about 44-1, Busan Bupyeong-gu, Busan, Seog-gu, Busan, 34-1.

Summary of Evidence

1. Defendant's legal statement;

1. AD's statement;

1. Each photograph;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (report attached to written judgments), personal identifications, and current status of confinement;

1. Article 329 of the Criminal Act related to the crime, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the same Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the Defendant, even though he is a repeated crime of the same kind, has committed the same kind of crime without being mind, and the damage has not been recovered, so the Defendant is led to confession.