However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

1. On January 6, 2016, around 09:00 on January 6, 2016, the Defendant: (a) committed a crime committed on or around January 6, 2016; (b) committed a theft by taking advantage of the gaps in the market price of Samsung Gallon, which is equivalent to KRW 700,000, 700, which was displayed at a charging machine, in order to charge the victim C from the third-story Corst in the Seoul Han River located in 405, Yongsan-gu Seoul Metropolitan City, Yongsan-gu.

2. On January 13, 2016, in order to charge the victim D at the same place as indicated in paragraph (1) around 09:17, the Defendant committed the crime of January 13, 2016, the Defendant: (a) committed the crime of cutting off one set of Samsung Galle 3 mobilephone in an amount equivalent to KRW 1,060,000 at the market price with the charging machine installed at the charging machine to charge the victim D at the same place as indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of C’s written laws and regulations

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense (abundance of intention and choice of imprisonment);

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;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account the favorable circumstances among the reasons for sentencing) was that the Defendant had committed a crime, even though he had the record of being punished by a fine twice through larceny of the same kind between the last five years.

In addition, the defendant was immediately disposed of the cell phone acquired by the crime, and there is little possibility that the damage will be recovered due to the lack of financial resources.

In light of these circumstances, the responsibility of the defendant is not somewhat weak.

However, the defendant has no record of crime subject to heavier punishment as well as the punishment of a fine for total three times in the past, and the fact of the crime is recognized to prevent recurrence, and the situation which resulted in contingent crimes in order to raise living expenses during leaving home, and other records of this case, such as the defendant's age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc.