[2014 Highest 1848] From November 2012 to July 12, 2014, the Defendant sold mobile phone devices at the position of the head of the team from the sales store, such as the victim E-operation in the Seo-gu, Busan Metropolitan City from November 2012 to July 2, 2014, and was engaged in the business of collecting communication fees from customers and delivering them to the victim next day.

1. On January 14, 2013, the Defendant: (a) received KRW 15,490 from G from the above F to keep the victim in his/her duties; (b) around January 14, 2013, he/she arbitrarily used the said money for living expenses or gambling; and (c) around that time, from around June 10, 2014 to around June 10, 2014, he/she embezzled the sum of KRW 8,76,020 by arbitrarily consuming the said amount of KRW 8,76,020 by the following methods, as indicated in attached Table 1.

2. Around February 1, 2014, the Defendant embezzled the Defendant’s occupational embezzlement of the new mobile phone machine from the aforementioned F on behalf of the victim, by arbitrarily selling to I for the purpose of raising funds to be used for living expenses or gambling around February 1, 2014, and by arbitrarily disposing of 27,810,200 won in total through the aforementioned 26 occasions from around that time to July 12, 2014, as shown in the List of Crimes No. 2, as shown above.

3. From November 12, 2013 to May 30, 2014, the Defendant: (a) while he/she kept for his/her business only LG options G 1 unit (daily number: J and market price equivalent to 70,000 won), which is a mobile phone from the customers who purchased a new mobile phone device from the above F; (b) sold at his/her own discretion to raise funds to be used for living expenses or gambling around November 12, 2013; and (c) from around that time to around May 30, 2014, the Defendant sold it to the purchaser of the used mobile phone at his/her own discretion in order to raise funds to be used for living expenses or gambling; and (d) as shown in attached Table 3, the sum of KRW 6,615,000 by the aforementioned methods over 29 times, as shown in