A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 6, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor at the Suwon District Court for a false accusation and completed the execution of the sentence on February 12, 2012.

1. From June 19, 2012, the Defendant, from around June 19, 2012, was engaged in the business of delivering food to the Chinese restaurant “E” operated by the victim D in Jongno-gu Seoul Metropolitan Government, and collecting the price thereof.

On June 19, 2012, the Defendant, at around 16:00 on June 19, 2012, embezzled the amount of KRW 149,00,000, which was collected on the day after the restaurant, without returning it to the victim.

2. From June 28, 2012, the Defendant, from around June 28, 2012, was engaged in the business of delivering food to the Chinese restaurant “H” operated by the victim G on the first floor of the F building underground in Yeongdeungpo-gu Seoul Metropolitan Government.

On June 29, 2012, the Defendant, at around 20:30 on June 29, 2012, embezzled money of KRW 249,00,00, which was collected on the day after the restaurant, without returning it to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. G statements;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, which aggravated concurrent crimes;

1. The scope of punishment by sentence: Imprisonment for not more than 30 years;

2. Four to one year and four months of imprisonment with prison labor for the recommended sentence on the sentencing criteria.

3. Sentence and sentence of sentence: The reasons for six months of imprisonment: the defendant has been sentenced to imprisonment or a suspended sentence on several occasions for the same or a similar crime; the defendant committed each of the of the crimes of this case at least four months after the final release and committed a repeated crime provided for in Article 35 of the Criminal Act; the sentence of sentence is inevitable because the amount of embezzlement is less than four hundred million won, and the crime is committed due to life.