The judgment of the court below is reversed.

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

However, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of suspended execution in August, and 80 hours of probation and community service order) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Before the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the prosecutor examined the name of the defendant as "occupational Embezzlement" from "thief" to "Article 329 of the Criminal Act" to "Articles 356 and 355 (1) of the Criminal Act" to "Article 329 of the Criminal Act," and the facts charged below [the judgment which is written differently] to change the contents of the crime as stated below. Since this court permitted this and changed the subject of the judgment, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[D. The Defendant was engaged in the business of store management, etc. in the “E Handphone store” operated by the victim D with the first floor of Sungwon-si, Changwon-si, the Defendant was engaged in the business of store management.

On August 18, 2015, from around 21:47 to 22:48 of the same day, the Defendant, at a small-sized credit cooperative under its jurisdiction, set aside in the above store that its employees had first left, and did not have any way. At a small-sized credit cooperative under its jurisdiction, the Defendant, “G 4 mobile phones equivalent to KRW 2,400,000 in the market price of KRW 2,40,000 in total and KRW 3 mobile phones, market price of KRW 5 mobile phones, market price of KRW 1,80,000 in total and KRW 1,650,00 in cash, which is the victim’s possession, and KRW 1,80,00 in total and KRW 1,80 in total, market price of KRW 1,80,00 in total and KRW 4,00 in total.”