The Defendant is a person who operated the “C” and “E” agency located in Ulsan-gu, Ulsan-gu, and the Defendant was engaged in the business of paying the remainder of the purchase price after deducting the Defendant’s share of the Defendant from the Defendant’s share of the purchase price, in the case of installment sale on consignment of the mobile phone purchased by the victim F from May 2015.

Around June 19, 2015, the Defendant was in custody of the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s.

In addition, the Defendant, from June 19, 2015 to December 5, 2015, kept an amount equivalent to KRW 27,415,30 in total at 29 times as indicated in the list of crimes in the separate sheet of crimes, as shown in the separate sheet of crimes, while the Plaintiff kept a total of KRW 27,415,30,00, the Defendant sold the same to a person with no name, in a lump sum, and embezzled it by consuming the purchase price as living expenses, etc. at that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on entrustment of business affairs, writing of agreement, and process deed;

1. 범죄사실에 대한 해당 법조 형법 제 356 조, 제 355조 제 1 항( 포괄하여 징역형 선택) [ 양형이 유] 양형기준 : 징역 4월 ~ 1년 4월 ☞ 1억 원 미만 기본영역 횡령 규모, 피해 미회복, 피해자의 처벌 희망의사를 고려하여 실형을 선택하되, 기록과 변론에 나타난 범행 경위, 반성태도 등 여러 정상을 아울러 참작하여 주문과 같이 형을 정함