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

Criminal facts

The Defendant was sentenced to imprisonment with prison labor for a maximum term of one year and six months at the Seoul Central District Court on July 25, 200 for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and for a short term of one year and six months at the Seoul Central District Court on April 30, 2003 for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on November 3, 2005, and one year and six months for a crime of violation of the Act at the Seoul Western District Court on the Aggravated Punishment, etc. of Specific Crimes. On May 31, 2007, the Defendant was sentenced to three years for a crime of violation of the Act at the Seoul Central District Court on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on May 26, 201, and was sentenced to imprisonment with prison labor from the Seoul Central District Court on November 30, 2011 to embezzlement and completed the execution of the sentence.

1. Habitual theft (2013 Gohap 135 of the judgment subject to a retrial) (hereinafter “D gas station”) was habitually stolen by the Defendant, from “D gas station” located in Seo-gu, Seo-gu, Busan at the time of Goyangyang on February 2, 2013, up to KRW 300,000,000 in the victim E’s market price owned by the victim E in his/her second floor dormitory, one color lock up to KRW 30,000,000 in cash, and KRW 90,000 in cash owned by the victim on his/her 1st floor office, and 420,000 won in total.

2. Violation of the Electronic Financial Transactions Act [2013 Gohap 177 of the judgment subject to review] The Defendant: (a) opened two deposit accounts in the name of the Defendant at the central point of NAcheon-gu, Seocheon-gu, Seocheon-gu, Busan, 25 February 2013 in the name of the Defendant; (b) transferred cash cards, security cards, and security cards, which are access media access to electronic financial transactions, to the said accounts, to the said two passbooks; and (c) transferred the same day to the person under whose name they were named on the same day at the vicinity of the NA branch.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and I;

1. E statements;

1. A statement on the transactions of cash withdrawal;

1. A criminal investigation report (report on the verification of the NongHyup Account Number established by the defendant);

1. Previous convictions in judgment: Criminal history;