A defendant shall be punished by imprisonment for not more than ten months.

When the seized Samsung Tallon(No. 6) is the victim, one cell phone (No. 6) is the victim.

Punishment of the crime

1. On January 16, 2013, the Defendant: (a) on January 23, 2013, at the time of the galloning of Samsung 3 mobile phones owned by the victim, who was unable to know his name in the front-dong train No. 251 of the Jung-gu Incheon Jung-gu Incheon Jung-gu Incheon Jungdong-dong, which was parked in the Incheon Jungdong-dong-dong Incheon, acquired one mobile phone of Samsung 3 mobile phone at the galloning of the lost value of Samsung 9

The Defendant did not take necessary procedures, such as returning the 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 January 16, 2013, at around 23:35, the Defendant: (a) discovered the victim C, seated with the seat of the passenger, and (b) cut off one cell phone 3 mobile phones and two credit cards; (c) a bank security card, one apartment card, and one cell phone case in the apartment card, etc., which contain the victim’s possession of the victim’s hand, of Samsung Galth-ju, which is equivalent to KRW 1,00,000 in the market price of the victim’s possession.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant Article 329 of the Criminal Act, Articles 329 and 360 (1) of the Criminal Act (the point of larceny), the choice of imprisonment for a crime;

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

1. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act is that the defendant has been sentenced to a punishment heavier than a suspended sentence on several occasions, taking into account the fact that he/she committed repeatedly even though he/she had been punished for the same kind of crime. Meanwhile, the defendant reflects his/her mistake in depth while committing the crime, and the defendant is expected to temporarily return or return the victim by seizing all the damaged items immediately after