A defendant shall be punished by imprisonment for not more than ten 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

1. The Defendant, from November 5, 2015 to February 8, 2016, worked as an employee at the convenience store operated by the victim C in Daejeon Jung-gu, Daejeon as an employee and engaged in the business of selling goods, storing and remitting the sales proceeds.

On November 18, 2015, the Defendant, while working at the above convenience store between 13:00 to 15:00, was in custody for a victim, and had the sales proceeds of 681,000 won from the goods sold to the Kabtere and the Treasury for the sake of the victim. The Defendant arbitrarily consumed the total amount of 6,857,910 won by the same way seven times from around that time to February 8, 2016, as indicated in the list of crimes in the attached list of crimes.

As a result, while the defendant kept the victim's property, he embezzled the property in violation of his duties.

2. On February 15, 2016, around 23:55, the Defendant: (a) opened and intruded a entrance with no correction of the E convenience store, such as the foregoing paragraph (1); and (b) stolen the Defendant’s cash amounting to KRW 90,000 and KRW 10,000,000 in tobacco owned by the said victim, which was kept in the Kashter’s depository. The gist of evidence was stolen.

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles 356, 355 (1) (the occupation of occupational embezzlement and the choice of imprisonment) and 330 (the occupation of larceny of intrusion on night buildings, punishment by imprisonment) of the Criminal Act concerning criminal facts;

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

1. Article 32(1)3 and 32(2) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation: (a) the Defendant’s mistake was divided and reflected during the period of detention; (b) there was no criminal history that the Defendant has been punished beyond the fine; and (c) other various sentencing conditions, such as the background and details of the instant crime, the Defendant’s age, sexual conduct, environment, etc., are comprehensively considered.