[criminal record] On August 29, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor for night buildings, intrusion theft, etc. at the Suwon District Court, and completed the execution of the sentence at the Suwon Detention Center on May 6, 2014.

[Criminal Facts] From around September 26, 2014, the Defendant: (a) from around 20:30 on September 26, 2014 to receive KRW 120,000 per day from the “E” restaurant for the victim D management in Suwon-si C; and (b) was employed as the delivery source to engage in the delivery of food and the collection of food for food.

Around 08:00 on September 27, 2014, the Defendant, while being in custody of 603,100 won of the received meal money while delivering it to the above restaurant, he embezzled it for business purpose by voluntarily consuming it to his daily expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous records before ruling: Application of inquiry reports, such as criminal records, and investigation reports (Evidence List No. 8);

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the sentencing guidelines for sentencing [decision of a type] the group of embezzlement crimes-10 million won or less [the scope of the sentencing guidelines and the scope of the sentencing guidelines] basic area (one month to one year and four months for imprisonment): None of the special persons:

3. Determination of sentence shall be made within the scope of recommendations, taking into account the fact that the defendant committed the instant crime during the period of repeated crimes and that there have been several records of punishment for the same kind of crime; and