A defendant shall be punished by imprisonment for not less than two years and three months.

Seized evidence No. 1 shall be confiscated.

Punishment of the crime

[2] On April 25, 1958, the defendant was sentenced to imprisonment with prison labor for larceny for a maximum term of one year, for a short term of eight months, for a short term of six months at the same court on March 12, 1959, for a special larceny in the same court on August 26, 1960, for ten months in the same court on March 15, 196, for a special larceny, for five years in the same court on April 28, 1971, for a special larceny, for two years in the same court on September 28, 1972, for a violation of the Act from the Seoul Western District Court on May 20, 197 to 10 months in prison at night, and for an attempt of larceny for a violation of the Act from the Seoul Southern District Court on May 14, 201 to 20, for a special larceny at night, for a period of 10 years in Seoul Northern District Court on October 14, 2010.

[Criminal facts]

1. On August 2015, the Defendant: (a) acquired an envelope containing 12,00 won, which remains in the horizontal distance of water in the river basin in Gangseo-gu Seoul, Gangnam-gu, Seoul; (b) on the part of his/her police officers, he/she acquired a bag on the part of his/her name-unclaimed victim’s card (Z: card number).

The defendant reported the above acquired property to the police and did not take necessary procedures such as returning the victim to the police, and he thought that he had it.

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

2. On January 14, 2016, the Defendant damaged the victim’s property by using a knife knife with a knife of a tent owned by the victim and then destroying the victim’s property amounting to KRW 1.5 million at the market price, at around 23:09, at AC restaurant operated by the victim AB located in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, Seoul.

3. Destruction of property on February 8, 2016.