A defendant shall be punished by imprisonment for not less than one year and six months.

Nos. 3, 5 and 6, which have been seized by the defendant, shall be confiscated.

Punishment of the crime

On January 22, 2013, the Defendant: (a) was sentenced to imprisonment with prison labor for night building intrusion, larceny, etc. at the Busan District Court on May 18, 2016; (b) one year and six months from imprisonment with prison labor for habitual special larceny; and (c) one year and four months from August 31, 2017 at the same court on December 2, 2016; and (d) completed the execution of the final sentence at the Busan Correctional Institution on August 31, 2017; and (e) on May 11, 2018, the court sentenced one year and six months from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court on August 21, 2019.

"200 Highest 3294"

1. Around 18:00 on June 20, 2020, the Defendant found one gallon 9 smartphone on the road front of the entrance station in Seo-gu 1, Seo-gu, Busan, about 18:00.

The Defendant did not follow necessary procedures, such as returning smartphones acquired as above to the victim, and embezzled the property that he/she had on his/her own mind and lost possession of the victim.

2. On June 24, 2020, the Defendant posted a letter on “sale of heavy gallon No. 9 smartphones” to B, which is a used goods transaction case, and then sells the said smartphone to the victim only or the victim “1.20,000 won.”

Until now, it has been used normally and can be used normally if it is charged only with the ship.

‘A false statement' was made.

However, in fact, the defendant acquired the above smartphone as stated in Paragraph 1 and did not have legitimate authority to sell it. Since the above smartphone was lost and could not be used normally, there was no intention or ability to sell the above smartphone 9 smartphone which can be used normally even after receiving money from the victim.

The Defendant deceivings the victim as above.