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

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

Punishment of the crime

[criminal power] The Defendant was sentenced to one year of imprisonment with prison labor for embezzlement at the Incheon District Court on July 11, 2019, and the written indictment on July 19, 2019 stated that the Defendant’s waiver of appeal on July 12, 2019 became final and conclusive.

However, as long as a judgment has not become final and conclusive in the case of a prosecutor, it is possible to file a suit in order to seek the proper application of the interest of a defendant or so-called law, i.e., the benefit of a defendant, and the time when a judgment becomes final and conclusive shall be determined objectively and uniformly by formal reasons, such as the existence of the right to appeal against a judgment, the time limit for filing an appeal, waiver and withdrawal of an appeal, regardless of whether there are grounds for appeal

Therefore, prosecutor did not intend to file an appeal.

Even if the Defendant’s waiver of appeal became final and conclusive.

subsection (b) of this section.

In this respect, the final date of the judgment is July 19, 2019 when the period of appeal by the prosecutor is limited.

The above judgment became final and conclusive.

【Criminal Facts】

1. On August 15, 2018, the criminal defendant against the victim B sent a phone call to the victim B who is operating convenience points D in Incheon-gun, Incheon-gun, and then sent a false call to the victim B, stating that “on the occasion of selling lottery tickets, he/she would have come to a business trip, and would pay the price.” The defendant sent the victim’s cell phone using the Kakao Stockholm with the victim’s cell phone by entering the service plaque of sports sports sports sports games designated by the defendant.

However, in fact, the Defendant did not have cash or credit card, etc. that could pay the lottery tickets during the number of times, and did not have the income since he left the school and did not have any income. Therefore, even if he was issued the lottery tickets from the victim, he did not have the intention or ability to pay the amount as agreed.

The defendant deceivings the victim and is under his control.