The Defendant is a person who has operated a mobile phone sales store with the trade name of “C” in Yeongdeungpo-gu, Suwon-si.

1. Around October 10, 2013, the Defendant: (a) entered into a consignment contract with the victim to receive consignment sale from the victim D, who operated the 'E's mobile phone agency; and (b) received delivery from the victim for consignment sale of 19,155,40 won in total at the market price of the victim’s ownership; and (c) embezzled the victim by arbitrarily disposing of the victim’s mobile phone as collateral for the loan at a non-permanent place; (d) on March 2014, the Defendant embezzled the victim by arbitrarily disposing of the victim’s mobile phone at his/her own expense.

2. Around November 2013, the Defendant: (a) entered into a consignment contract with the victim company to receive consignment of sales of the mobile phone from the victim K&K, which is a mobile phone agent; and (b) received delivery from the victim company from February 14, 2014 to February 25, 2014 for consignment sale of 23,109,000 won, which is owned by the victim company and kept for the victim; (c) on the part of the victim, the Defendant embezzled the said mobile phone by arbitrarily disposing of the said mobile phone as collateral for loans at a non-permanent place; (d) around March 2014, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D, F, G, and H;

1. Application of the Acts and subordinate statutes on the list of mobile phones, consignment sale contracts, respective letters, mobile phone sales/entrusted services contracts;

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

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommended punishment] [the grounds for sentencing under Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes / [the decision of sentencing from April to January 1] basic area (the decision of sentencing from April to April 4] / The mobile phone stored by the defendant entrusted by the victims was embezzled, and damage caused by considerable amount.