A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

On March 21, 2019, at around 20:03, the Defendant: (a) opened a entrance and intruded into the office by means of using a change in part of the password of the entrance, which was known to the Defendant, at the “D” office managed by the victim C, of Songpa-gu Seoul building 9; (b) brought about KRW 400,000,000, which is the cash owned by the victim under custody in the money receipt and disbursement season.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to a report on investigation (related to the investigation of CCTV at the scene of occurrence) and a report on investigation (on the face of a victim C);

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of the recommended punishment according to the sentencing guidelines (decision of type): thief crime group, theft against general property, and intrusion theft (type 4): Where a person intrudes into any place other than indoor residential space, a person not subject to the punishment [the scope of the recommended punishment] [the scope of the mitigated punishment]: Imprisonment with prison labor for not less than 4 months to 1 year and 6 months (the lowest limit of the sentence recommended in the sentencing guidelines shall be mitigated by not more than 1/2, since only two special mitigations exist);

2. Determination of sentence [unfavorable circumstances] The defendant stolen 400,000 won in cash by intrusion upon the previous office of the company where the defendant had been on duty at night. In light of the content of the crime, etc., the liability for the crime is not somewhat weak. In light of the substance of the crime, etc., the amount of damage is not significant since recognizing the crime of this case, and the victim does not want punishment against the defendant. The defendant's age, character and conduct, motive and circumstance of the crime, means and consequence of the crime, and circumstances after the crime, etc., shall be determined as ordered by the order, comprehensively taking into account various sentencing factors shown in the records and arguments of this case, such as the defendant's age, character