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A defendant shall be punished by imprisonment for two years.
One motor vehicle heat (Evidence No. 1) that has been seized shall be returned to the victim B.
Reasons
Punishment of the crime
On August 28, 2009, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Daejeon District Court on April 26, 2012, and on October 22, 2015, the Defendant was sentenced to imprisonment with prison labor for not more than one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Gangnam Branch Branch of the Chuncheon District Court on April 26, 2012, and completed the execution of the sentence in the Gancheon Branch Branch of the Chuncheon District Court on October 22, 2015.
1. On February 1, 2020, around 02:44, the Defendant: (a) committed as if he were to pay the price in the “EM store” of the victim D located on the 1st underground floor located in Gangseo-si, Gangnam-si; and (b) ordered 10,000 won in total of the market price, which is equivalent to 40,000 won in 10,000 won in 10,000 won in 5,000 won in 30,000 won in market; and (c) in this case, the Defendant acquired alcohol and food equivalent to 105,000 won in total from the victim.
2. On February 1, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) issued imprisonment not less than three times with prison labor due to larceny, etc., and committed theft by opening a driver’s seat not corrected on the victim B’s Hspke vehicle located on the street near the 'G main store located in Gangnam-si, Seoul Special Metropolitan City’, and driving the vehicle with the key sticking to the vehicle, and driving the vehicle at the speed of 4.5 million won, which is the victim’s market value, and driving the vehicle, one spke vehicle and one credit card of I bank located on the vehicle.
3. The Defendant who attempted to commit fraud, around February 1, 2020, presented one credit card under the name of the stolen B, as if he had legitimate authority, as in paragraph (2), at the “L convenience store” managed by Pyeongtaek-gun, Kim Chang-gun, Gangwon-do, as well as at paragraph (2), and attempted to defraud the victim of tobacco (6mg) equivalent to the market value of KRW 4,500, and 7,000, the market value of which is equivalent to KRW 2,500, and the settlement approval was refused.