The punishment of the accused shall be four months by imprisonment.

Punishment of the crime

On March 29, 2012, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Military Service Act at the Seocheon Branch of the Daejeon District Court on March 29, 2012. On November 28, 2013, the Defendant was sentenced to a suspended sentence of 8 months for fraud, etc. in the Daejeon District Court’s Incheon Branch Branch of the Daejeon District Court on December 6, 2013, and the said sentence became final and conclusive on December 6, 2013, and the said suspended sentence was terminated on March 14, 2015.

The Defendant, on April 10, 2016, was employed and worked as an employee from the “E convenience store for the operation of the victim D in Seo-gu, Seo-gu, Seocheon-gu as of April 10, 2016. On April 23, 2016, the Defendant, at the above convenience store around 05:00, 44 copies of gift certificates, such as the Plaintiff’s card, in total of KRW 1,750,000, and KRW 3,275,000,000, including the computer body and cash amounting to KRW 70,000,000, in total, at the market price of KRW 1,75,000.

At around the following time, the victim's property was embezzled by arbitrarily disposing of it in a tent, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D convenience points;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Data on the type of crime against the victim and photographs of damaged objects;

1. References to inquiries, such as search of prisoners and criminal history, and reports on investigations (prior convictions for repeated crimes);

1. Application of Acts and subordinate statutes to a report on investigation (for alteration of criminal facts)

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

1. Reasons for sentencing of Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Application of the sentencing guidelines [type determination] Type 1 (Determination of the area of recommendation) [Determination of the area of recommendation] Basic Field / [Scope of recommendation] April / 1 year and 4 months / [general sentencing factors] mitigated elements: In cases where there are purposes such as basic livelihood and medical expenses, etc., serious reflective / aggravated factors: In cases of embezzlement, repeated crimes of this type;

2. The defendant committed the instant crime without being aware of the criminal defendant during the period of repeated crime, the criminal records of the defendant, the amount of the instant embezzlement, and the victim.