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

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

Punishment of the crime

From March 20, 2017, the Defendant worked as a gas station at E station for the operation of Seoul Energy in Seongbuk-gu, Seoul, and retired from office on June 30, 2017. However, on or around July 10, 2017, the Defendant decided to work again at the above gas station with the permission of F of F of the managing station of the above gas station. From that time, the Defendant had taken the cash, etc. located at the above gas station at the staff accommodation of the above gas station, again, stolen it from that time.

On July 14, 2017, the Defendant, at the time of commencing the day again, clarified a criminal plan to G, which is the main cause of the instant gas station, and requested the Defendant to commit the crime, and received his/her permission.

around 00:48 on July 15, 2017, the Defendant called “G with the gas station H” at the above gas station.

H Ordering “H to keep a horse open to prevent H from entering the office,” and the key of the F’s credit cooperative, which entered a gas station office and was in the manager’s business pocketbook, to prevent H from leaving the office in compliance with the Defendant’s direction.

By using the key, the office's safe was put into a certified vinyl paper which held in advance the cash amounting to KRW 8,093,100 and KRW 3,10,000 in the treasury, which is owned by the victim.

Accordingly, the defendant stolen the victim's property together with G.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

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

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Criteria for sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act in the suspended sentence [the scope of recommendations] The scope of larceny in general property shall be the area of special mitigation (two months to ten months) (the person who has been specially mitigated).