A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 31, 2012, from around 16:00 to 22:00 of the same day, the Defendant served in the “D” restaurant operated by the victim C, which is located in Yeonsu-gu Incheon Metropolitan City, as the delivery source, and engaged in food delivery and collection of money.

At around 22:00 on May 31, 2012, the Defendant, who started to serve as the delivery source at the above restaurant, was embezzled with the food cost of KRW 142,000, and delivery error (E) for the victim, without returning it, after completing the delivery of food at the first apartment in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol law to C

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] category 1 (less than KRW 100 million) and the basic area (from April to January 1) (no person specially punished];

2. Determination of sentence: (a) the fact that the amount of the instant embezzlement is not much high; (b) the fact that the Defendant’s age, character and conduct; (c) the character and conduct; (d) the motive and circumstances leading to the instant crime; and (e) the circumstances after the commission of the crime, etc. shall be determined by the sentence as ordered.