A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 16, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. by the Incheon District Court and completed the execution of the sentence in the Incheon Detention House on June 24, 2015.

1. From August 14, 2017, at around 11:00 on August 14, 2017, the Defendant brought one transportation card equivalent to KRW 529,00 in cash, which is the victim’s possession stored in the depository, and KRW 9,00 in total in the market price, at the E-point for the victim’s operation in Yeongdeungpo-gu Seoul Metropolitan Government.

Accordingly, the defendant stolen the victim's property equivalent to 540,500 won in total.

2. The Defendant used a computer, etc. at the same time and place as set forth in paragraph 1, and the fact was not a purchase of six of the former flass card and four of the transportation card, but was normally purchased, the Defendant operated the settlement terminal (one "scam") which was established to make the victim D claim for the payment, thereby recognizing the bar code, etc., and charged the amount of KRW 2,60,000, and KRW 750,000 for the above flass card and KRW 4 of the above transportation card, respectively.

Accordingly, the defendant acquired financial benefits equivalent to 3,350,000 won in total by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D (Nos. 1 and 2);

1. Previous conviction: Application of a written reply to inquiry, such as criminal history (A) and Acts and subordinate statutes on personal expropriation;

1. Article 329 of the Criminal Act (a point of intention) and Article 347-2 of the Criminal Act concerning the facts constituting an offense;

1. Imprisonment with prison labor for choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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;