A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[2] At around 04:40 on February 22, 2015, the Defendant: (a) committed a theft of one mobile phone of gallon No. 300,000 won in the market price owned by the victim E, who was locked by the victim E while she was set up next to the victim in the Drack or resting room located in Do Government-si C; (b) 300,000 won.

[2015 Godan3903] On September 25, 2015, the Defendant asked the Victim F to keep the bags containing 100,000 won checks and cash 280,000 won, cell phoness, agricultural banks, etc. from the Victim F.

While the defendant kept the above bank for the victim, he did not return it on the same day, and used the cash and checks as it is for living expenses, etc.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

[2015 Highest 3881]

1. Defendant's legal statement;

1. A E-document;

1. Photographs (2015 Highest 3903);

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 355 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: A sentence of imprisonment with prison labor for one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. in 2010 and three years for whom one year and six years have been sentenced to a suspended sentence; a sentence of a fine of KRW 3 million and a fine of KRW 5 million has been issued for larceny in 2015; and a victim E has not yet been recovered yet; a favorable circumstance is relatively less likely to cause damage; the victim is a criminal for livelihood; the victim does not want the punishment of the defendant; and the victim is expected to have been provided with an opportunity for self-esteem through a prison life for about two months;