A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On November 5, 2015, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Busan District Court’s Dong Branch, and on September 22, 2016, at the Busan District Court’s Dong Branch, ten months of imprisonment with prison labor for larceny, etc. at the Busan District Court’s Dong Branch, and on February 21, 2018, the Defendant completed the execution of the said punishment on June 23, 2018.

1. Around 05:00 on August 19, 2018, the Defendant found a mobile phone with a 300,000-galloning gallon equivalent to the market price of Samsung gallon, where the head of the resident registration certificate includes KRW 10,00,000 in cash lost by the victim C on the street around the road of the national land located in the Busan East-gu Corporation.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On August 21, 2018, the Defendant discovered that, in front of the E warehouse located in Busan-gu, Busan-gu, around 04:5 on August 21, 2018, Gpoter freight cars parked in Busan-gu, the victim F was not corrected, opened a driver’s seat, and carried the driver’s seat door at the location, and carried out a fluor or a fluor with the market price equivalent to KRW 600,000,000 which was owned by the victim.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, investigation reports (report on confirmation of criminal history of the same kind and repeated crime);

1. Relevant Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act - Article 360 (1) of the Criminal Act (elective of imprisonment) concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to the crime of embezzlement of deserted articles in possession of judgment)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount.