A defendant shall be punished by imprisonment for four months.

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.

Punishment of the crime

1. On August 1, 2016, the Defendant: (a) obtained one mobile phone at the time of Samsung Gallon, the market price of which is approximately KRW 800,000,000,000,000 from August 1, 2016 to 03:00, in front of the “L control point” located in K in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On August 5, 2016, the Defendant acquired one set of Samsung Gallon 5 smartphones in an amount equivalent to KRW 1100,000,00,000 in the market price where the victim P lost on a alleyway near O located in Dong-gu Incheon Dong-gu, Incheon around August 5, 2016.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in relation to M or P;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 360 (1) of the Criminal Act, the choice of punishment for the crime, and the 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. Reasons for sentencing under Article 62(1) of the Criminal Act - The defendant is recognized to commit a crime, and one of the victims does not want the punishment of the defendant.