A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. On September 24, 2016, the Defendant: (a) committed theft with Samsung Pool’s cell phone 1,50,000 won at the victim’s market price located there, using a gap in the victim E’s care neglected; (b) one mobile phone 1,50,000 won at the victim’s market price; (c) one motor vehicle smart key; and (d) one USB at the vehicle’s market price.

2. On August 14, 2016, the Defendant, at around 04:00, found one set of 5 mobilephones in Samsung Ggal ju, the market value of which is KRW 800,000,00, where the victim H was lost on the front side of the Gart club located in Gumi-si F.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but embezzled the property that he/she had on his/her own idea and lost the possession of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each statement of E and H;

1. Each protocol of seizure and the list of seizure;

1. A report on loss (five mobile phones in Samsung Tallon);

1. A report on internal investigation (referring to a mobile phone voluntarily submitted);

1. Application of Acts and subordinate statutes to investigation report (in cases of gallon No. 5, the specific details of victims of No. 5, and appendix of seized objects);

1. Article 329 of the relevant Act on the facts constituting an offense (a point of intention) and Article 360 (1) of the Criminal Act (a point of embezzlement of deserted articles in possession) and choice of imprisonment with prison labor, respectively;

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 suspended sentence under the Criminal Act requires a strict punishment in that the Defendant again committed the instant crime even though he/she had been punished several times (one time of actual punishment, three times of suspended sentence, and four times of fines) by committing the same larceny. However, the Defendant suffers from alcohol respect, depression, etc., and is in profoundly against the instant crime, and the amount of damage is not large, and the victims are fully returned, and the victim’s damage is not large, and the instant argument is conducted, such as the Defendant’s age, sex, environment, criminal records, criminal records, background of the instant crime, and circumstances after the crime.