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

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

Punishment of the crime

On April 1, 2017, the Defendant, from around 22:00 on April 1, 2017 to around E, operated by the victim D, in E, entered into a labor contract with the victim, and has been engaged in the sale of goods, store management, etc. as part-time (2:0 to 08:0) at night.

On April 2, 2017, the Defendant, at the above convenience store around 04:44, carried the total amount of KRW 5050,000,000, which was displayed for sale in the store while on the part of the victim while on duty the goods, sales proceeds, etc. displayed at the above convenience store for the victim, carried the 69,000 won card of KRW 50,000,000 ( KRW 150,000, KRW 200, KRW 19,300, KRW 530,000) and KRW 5,580,000,000, in cash account, carried the property owned by the victim, including KRW 5,580,00,00.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each written statement of D;

1. Police seizure records;

1. Application of the statutes on standard labor contracts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, including observation of protection and community service order;

1. The scope of punishment by sentence: Imprisonment for one month to ten years;

2. Where the scope of the sentence recommended on the sentencing criteria [the scope of the recommended sentence] category 1 (less than 100 million won) applies to the mitigation area (one month to October) [the person subject to special mitigation] is not subject to punishment, or a significant damage is recovered;

3. The nature of the crime in this case is not good in that the defendant concludes a labor contract with the defendant and concludes a contract with the defendant to leave the defendant to store the defendant.

However, the damage does not want the punishment of the defendant by compensating the victim for the damage and agreement with the victim only smoothly, and the fact that the defendant reflects the crime shall be considered as favorable circumstances to the defendant, and the defendant shall be in the position to support the pregnant wife at the age of the defendant.