A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

[criminal power] On February 18, 201, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) at the Daejeon District Court on June 18, 201, and the judgment became final and conclusive on September 28, 2012 by the same court on September 28, 2012, which was sentenced to one year of imprisonment with prison labor for occupational embezzlement, etc., and the sentence of the said suspended sentence was terminated on January 28, 2014. On August 12, 2015, the judgment became final and conclusive on August 20, 2015 after having been sentenced to one year and six months of imprisonment with prison labor at the Daejeon District Court for occupational embezzlement, etc.

【Criminal Facts】

On May 17, 2015, the Defendant, at around 09:30 on May 17, 2015, planned to be employed as a delivery and collection source to the “E” restaurant operated by the victim D, which is located in Seo-gu Daejeon, Daejeon, to be engaged in food delivery and collection affairs, and embezzled the amount of KRW 30,000 in money to be used as a payment from the victim, and the amount of KRW 400,000 in large forest CT, the market price of which is 400,000, which is the victim’s ownership, for the victim, without returning it to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning D, F’s statement;

1. A report on occurrence;

1. CCTV photographs;

1. Previous records of judgment: Criminal records, reply reports, each judgment, and application of Acts and subordinate statutes certifying confinement/taking;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing (mutual between the crimes of this Article and the crimes of occupational embezzlement, etc. for which judgment has become final) under the latter part of Articles 37 and 39 (1) of the Criminal Act;

1. The sentencing criteria shall not apply to the crimes of occupational embezzlement for which judgment has already become final and conclusive and the latter concurrent crimes of Article 37 of the Criminal Act.

2. The fact that the defendant who was sentenced to the sentence has been punished for the same kind of crime several times, and the crime of this case was committed during the period of repeated crime.