A defendant shall be punished by imprisonment for not less than five months.

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

Punishment of the crime

1. In around 2013, the Defendant served in the D store operated by the victim C in Seongdong-gu Seoul, Seoul, and left the store. On January 2016, 2016, the Defendant stolen smartphones by using the well-known structure of the store, thereby selling them in other places. On the 24th day of the same month, the Defendant entered the said D store and put three smartphones in the upper line of the store store located in the store, and stolen the victim’s property by using the gaps in surveillance negligence of the victim or his employees.

2. On February 9, 2016, the Defendant continued to enter the said D shop on February 15, 2016, and used the gaps in which the surveillance of the victims C or employees was neglected, thereby placing three smartphones in the upper line of the store, which amount to three million won in total, and theft the victim’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do116, Jan. 1