A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 12, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. in the Busan District Court Branch of the Incheon District Court on January 22, 2015, and completed the execution of the sentence.

1. A thief: (a) around 01:0 on August 3, 2015, the Defendant cut off 53 new global gift certificates equivalent to KRW 31,140, and the market price of KRW 970,000, which are the victim’s ownership, while working as an employee at E convenience stores operated by the victim D in Young-gu, Suwon-si, Suwon-si, which are located in another calculation unit.

2. Although the Defendant, such as a computer, etc., did not charge the transportation card without paying the charging fee at the time and place specified in paragraph (1), the Defendant: (a) opened the pre-paid transportation card to the chargeer of the convenience store managed by the victim D; and (b) divided the “defluent” pressing of the calculating computer into 30,000 won; and (c) charged the Defendant’s total of KRW 480,000 over 16 times in two copies of the Defendant’s transportation card.

Accordingly, the defendant acquired economic benefits equivalent to 480,000 won by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. CCTV photographs;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant Articles 347-2, 329, and 329 of the Criminal Act concerning criminal facts, and choice of imprisonment with labor;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. A repeated crime of the same kind, which does not fall under the aggravated area (10 to 2 years), of the theft (Scope of recommendations) for general property, (10 to 3 years) for the aggravated area (10 months to 10 years);

2. Fraud by the use of computers, etc. [Scope of Recommendation Form] and the basic area (six months to one year and six months) (special person) of types 1 (less than 100 million won).

3. Finality due to the increase of multiple offenses.