A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On December 9, 2010, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor due to an injury, etc. in the Incheon District Court Branch Branch.

The Defendant was requested from June 27, 201 to July 6, 2011 to sell the 43 points of goods, such as clothes, shoes, and bags, at the “C” store operated by the second floor of the building located in Gangnam-gu Seoul Metropolitan Government by the Defendant of the second floor of the building located in Gangnam-gu.

The Defendant, from the end of July 201 to June 2012, sold all goods requested by the victim to sell, and stored 26.4 million won in custody, embezzled using his/her daily living expenses, etc. at that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Details of investigation report (Submission of text messages), and text messages;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (a copy of judgment) and Acts and subordinate statutes;

1. The relevant Article of the Criminal Act, Article 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. The scope of recommendation [decision of types] The sentencing criteria for embezzlement crime, the sentencing criteria for embezzlement crime, and the absence of less than KRW 100 million (type 1) (the scope of recommendation punishment), [the scope of recommendation punishment] 4 months to one year and four months (basic area);

2. Determination of sentence: Imprisonment with prison labor for a period of four months, the defendant embezzled a considerable amount of money during the suspension of execution, and the defendant fails to receive a letter of penalty from the victim, so it is inevitable to sentence the sentence.

However, the Supreme Court's sentencing conditions, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court's Sentencing Committee, etc. shall be determined as per the order, and the statutory detention shall not be made in order