A shall be punished by imprisonment with prison labor for ten months.

Defendant

BA is not guilty. Of the judgment of this case, the defendant BA is not guilty.

"2014 Highest 2374"

1. Embezzlement;

A. On December 2013, Defendant A received the request from the victim BD operated by the victim BD located in Busan-gu Busan-gu, for sale of 3,200,000 won of the used mobile phone owned by the victim (the two gallons, the two gallons, and the gallonians).

Defendant

A sold the above mobilephone, which was requested to be sold to the victim, at an improper price, and then embezzled the sales proceeds for the victim at his/her own discretion while keeping them for the victim.

B. On January 16, 2014, Defendant A: (a) heard that the victim BD called “BF to purchase at KRW 3,250,000,000 with six mobile phones; and (b) demanded the victim to pay KRW 3,250,000 to BF the purchase price of the aforementioned mobile phone in advance by having the victim paid KRW 3,250,000,000,000 to BF.

Defendant

A, after opening six mobile phones as above, he arbitrarily sold two of them for the victim, he/she embezzled two mobile phones of the amount of KRW 1,200,000 at the market price.

2. Fraud;

A. On January 7, 2014, Defendant A made a false statement to the effect that “A” victim BD sells Aphone 5S mobile phones to “Aphone 500,000 won in advance.”

However, in fact, Defendant A was not able to fully repay the money borrowed from the victim, and even if he was paid the prepaid money as the personal debt is equivalent to KRW 1.2 million, he did not have any intention or ability to sell the aforementioned mobile phone.

Nevertheless, Defendant A deceiving the victim as above and received 600,000 won from the victim on January 16, 2014.

B. Defendant A around July 24, 2014