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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2013Kadan882] around 15:00 on July 19, 2012, the Defendant stolen 14 mobile phones totaling 13,555,800 won at the market price over 10,867,200 won, which were kept in the warehouse at the G mobile phone store in Gwangju City, where the Defendant was an employee. Moreover, the Defendant stolen 14 mobile phones totaling 10 times from that time to November 7, 2012, as indicated in the attached list of crimes.
[2013 Godan1017] On November 12, 2012, the Defendant: (a) around 02:00 on November 12, 2012, the Defendant: (b) did not take necessary procedures, such as acquiring one unit of Samsung 2 cellular phone, and returning it to the victim, which was lost by the victim F, who was placed on the uriandong community center located in the Gyeongan-dong community service center located in Gwangju-dong, Gyeongan-dong, Gwangju-dong; and (c) did not take necessary procedures, such as returning it to the victim.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement related to B and F;
1. Application of C’s written laws and regulations
1. Article 329 of the Criminal Act applicable to the crime and Articles 329 and 360 (1) of the Criminal Act: Selection of imprisonment;
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 on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that there is no record of criminal punishment, victim B and F recover damage and do not want the punishment of the defendant, age, environment, etc.);
1. Social service order under Article 62-2 of the Criminal Act;
1. Article 32 (1) 1 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits by Which an application for compensation is dismissed (a civil or criminal objection is reached and an application for compensation is dismissed as it is not lawful);