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

[Criminal record] On May 27, 2016, the Defendant was sentenced to a suspended sentence of two years for fraud at the Daegu District Court, which became final and conclusive on February 9, 2017.

[Criminal facts] The Defendant has been engaged in duties such as inventory management, receipt of sales price, etc. while working as sales store in the business of “E” under the trade name of “E” operated by the victim D in Daegu Jung-gu, Daegu-gu.

On April 6, 2016, the Defendant sold clothes (product number F) equivalent to KRW 178,00 to his/her nameless customers at the above clothes store around April 6, 2016, and returned the above clothes from the customers and kept them for his/her own house to use them at his/her own house to use them at his/her own discretion while returning the clothes to the customers, and as indicated in the list of crimes in the attached Table, the Defendant arbitrarily carried out items of KRW 122,946,00 in total over 431 times from January 13, 2016 to February 7, 2017.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation reports (Attachment of details of approval and revocation by credit cards), investigation reports (Attachment of books stating damage details), and investigation reports (Submission of additional data by victim D);

1. Details of approval and revocation of credit cards, copies of credit cards in G, details of return, recording of suspect A's clothes, etc., copies of bankbooks (H), data to be submitted by complainants, and sales account books;

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The crime of this case, which is not subject to the sentencing guidelines, is one of the concurrent crimes after Article 37 of the Criminal Code, for which the judgment becomes final and conclusive, so the sentencing guidelines do not apply.