A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant, from April 15, 2008 to May 2, 2013, was engaged in sales and collection business by taking overall control of all the duties related to the business of the said convenience store as the store of the “E convenience store” operated by the victim D in Kim Jong-si from around April 15, 201 to May 2, 2013.

1. The Defendant, when selling tobacco, gift certificates, etc., knew that the bar code recognition device linked to the electronic money receipt and receipt machine ("POS") is not recorded as sales if he does not recognize the bar code of the above product, and attempted to sell tobacco and gift certificates to customers and embezzled the sales proceeds.

On October 1, 2009, the Defendant sold tobacco to the non-customers without recognizing the tobacco in the bar code recognition device, and used the amount equivalent to the price received for personal purposes, such as living expenses, etc. from the former North Korean Won for the victim around that time. From around that time to December 2, 2012, the Defendant consumed approximately 14,659,214 won in total for selling tobacco and merchandise coupons by the same method for approximately 430 times, from around that time to around 430 times.

2. On March 2013, 2013, the Defendant embezzled the sales amount of KRW 4,169,240,000,000, in total, for six times during the period from around the time to April 2013, while he/she was in custody for the victim of convenience store sales at the convenience store for his/her occupational purpose, and consumed a total of KRW 4,169,240 in the same way, from around that time to around the Haman.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Application of evidentiary materials, tobacco cards and tobacco documents, and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

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

1. The Criminal Act, the suspension of execution;