A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On September 17, 2013, around 16:30 on September 17, 2013, the Defendant cut the locks using a cutting machine (Evidence No. 10) prepared in advance with the market price of 290,000 won, which is the victim’s possession, installed and locked in the first floor parking lot of the victim C located in Gangnam-gu Seoul Metropolitan Government.

Accordingly, the defendant stolen the above victim's property.

2. The Defendant: (a) around May 2009, around the Gangnam-gu Seoul Gangnam-gu apartment complex, found one unclaimed sports bicycle riding around the market price, which was the victim of the name unclaimed in the name of the Defendant, and found it. (b) From around that time to August 2012, the Defendant acquired a total of eight bicycles by the same eight times in total as indicated in the list of crimes in the annexed sheet of crimes.

As a result, the Defendant did not take necessary procedures such as returning the acquired property to the victim and embezzled each of them on his own idea.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, and Article 360 (1) of the Criminal Act concerning the crime (the point of thief and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Sentencing prescribed in Article 333(2) and (1) of the Criminal Procedure Act for issuing victims;

1. The scope of punishment by sentence: Imprisonment for not more than nine years;

2. Recommendation and sentence on the sentencing criteria: From four to eight months of imprisonment (in the case of larceny, the basic area (from four to eight months) among the types of larceny in general property shall be selected, and in the case of embezzlement of stolen, the sentencing criteria are not set, and only the lowest limit of the recommended sentence shall be reflected in the case of embezzlement of stolen property).

3. Determination of sentence: Imprisonment with prison labor for six months and two years as a result of a suspended sentence;