A defendant shall be punished by imprisonment for four months.

except that 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

The Defendant, who worked as an employee at the “C” general restaurant operated by the victim B, was in possession of the key to the above restaurant entrance, which was not returned after the victim’s retirement from office, with an intention to steal cash by intrusion into the above restaurant.

On February 26, 2018, at a general restaurant located in Gangnam-gu Seoul Metropolitan Government (C) around 03:37, the Defendant: (a) dismantled the correction device with the entrance and exit of the victim and his employees by using the cresh that they left and intrude into the entrance and exit; (b) removed the cash amount of KRW 500,000 from the credit cooperative of the United Sinxe and Calculation Unit, and (c) intruded into the restaurant by the same method as the above restaurant at around 05:0 on the same day, the Defendant moved out the cash amount of KRW 1,00,000 at the credit cooperative of the Metropolitan City.

Accordingly, the defendant stolen the property owned by the victim by intrusion upon the victim's structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. One CD of CCTV images (69 pages of investigation records);

1. Application of a CCTV CD-related statute (76 pages of investigation records)

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for suspended sentence include the methods and frequency of the instant crime, and the fact that there are the records of the same kind of crime, consideration is given to the fact that the Defendant was erroneous, as well as to the circumstances favorable to the agreement with the victim, as well as other factors that appear in the arguments of the instant case, such as the Defendant’s age, character and conduct, motive of the crime, and conditions before and after the crime.