A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a taxi driver.

1. On April 14, 2018, at around 00:33, the Defendant received a request from the victim D (68 tax) who is a taxi passenger, in front of the convenience store located in Suwon-gu, Busan, and embezzled 300,000 won in cash from the cash withdrawal machine located within the convenience store via the cash withdrawal card owned by the victim while the Defendant withdrawn 300,000 won in cash from the cash withdrawal machine located within the convenience store and was kept for the victim, using the check that the victim dices alcohol, without giving the above cash to the victim.

2. On April 14, 2018, the Defendant: (a) withdrawn KRW 180,000 from the cash withdrawal machine at the F convenience store located in Suwon-gu, Busan, in the same manner as that set forth in the preceding paragraph; and (b) embezzled, while being kept in custody for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Reporting on occurrence of a disaster;

1. Application of the Acts and subordinate statutes to a investigative report (to attachCCTV images);

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

1. The former part of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 38(1)2, and Article 50 of the same Act [the crime of embezzlement two times is similar to each other’s method of crime, but the victim requested that the withdrawal of cash be made separately over two times, and each of the withdrawn cash has been embezzled, so the two times of embezzlement was committed;

[Judgment]

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [Scope of the recommended sentence] Class 1 (100 million won or less) (one month or October) in the mitigated area (person with special mitigation] / In the event that there is a history of committing the crime of the same kind several times, in which punishment is not imposed or a significant damage is recovered (the decision of sentencing shall be made by selecting imprisonment with labor, but it has reached an agreement in the course of repaying

The decision to suspend the execution shall be made in the same manner as the disposition is made, taking into account that it cannot be executed.