A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

From April 2014 to December 18, 2015, the Defendant served as part-time employee at E convenience stores located in Gyeonggi-si, Gyeonggi-si, operated by the victim C from April 2014 to December 2015, and has been engaged in the sale, management, and collection of goods at the above convenience stores.

피고인은 2015. 4. 5. 경 위 E 편의점에서 그곳에 진열되어 있던 피해자 소유인 시가 3,500원 상당의 땡땡이 우산 1개를 사용하지 않는 1번 계산대 포스를 이용하여 손님에게 판매한 것처럼 결제한 뒤 이를 가지고 가 임의로 처분하였다.

In addition, from April 1, 2015 to December 18, 2015, the Defendant arbitrarily disposed of gift certificates and goods equivalent to KRW 17,176,780 in total on 246 occasions, as indicated in the list of crimes, as shown in the attached crime list.

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 C;

1. The filing of a complaint, false settlement details, the details of the use of a calculation sheet No. 1, and the application of the law of a list of crimes;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Application of the sentencing criteria [Scope of the recommended sentence] Type 1 (less than KRW 100 million) basic area (from April to April);

2. The nature of the crime is not that of embezzlement of considerable money when the defendant in the decision-making of sentence works at a convenience store.

However, in consideration of the fact that the defendant reflects the defendant, the repayment of KRW 7,350,00 to the victim, the first offender, and other factors of sentencing as shown in the trial of this case, the punishment shall be determined as ordered.