A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

After the Defendant retired from office after the Defendant retired from office in the middle and high-speed sales company operated by the Victim C, the Defendant attempted to steals the Defendant’s debt, documents, etc. in his custody, and delete the Defendant’s debt-related files kept on the victim’s computer.

1. On October 11, 2015, the Defendant: (a) entered the victim C’s office located in the fourth floor of the building in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, through the entrance, around 00:5, and (b) had a loan certificate, a notarial deed, and a self-written statement prepared by the Defendant taking money from the damaged person.

Accordingly, the defendant stolen the property owned by the victim by intrusion on the victim's structure at night.

2. The Defendant changed the electronic records, etc. at the same time and place as that set forth in the preceding paragraph, and stored the Defendant’s monthly debt details from among the X-celled file (which shall be ordered to be sold) with a computer used by the victim C, by means of a computer used by the victim C.

As a result, the Defendant changed the special media records, such as private electronic records on the certification of facts managed by the victim C, with the aim of making the victim C's handling of affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A list of passbook transactions;

1. The screen that the program is deleted;

1. Recording records;

1. Application of Acts and subordinate statutes to the screen by cutting CCTV course;

1. Relevant Article 330 of the Criminal Act and Article 232-2 of the Criminal Act (the point of larceny of intrusion upon a structure at night) concerning facts constituting an offense; and the choice of punishment by imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The suspended sentence of Article 62(1) of the Criminal Act (hereinafter, taking into account the favorable circumstances among the reasons for sentencing) intrudes on structures at night (the scope of recommended punishment) for the reason of sentencing, including the theft of structures in general property (the scope of recommended punishment), and intrudes on places other than indoor residential spaces (4 months to 1 year and 6 months).