A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[2018 Highest 1061] Victim AH is a person who operates the KT mobile phone sales agency (ju) V in the Seo-gu Seoul High-gu, Gwangju, and the defendant was operating the "C" of the mobile phone sales store in the Seo-gu, Gwangju.

On May 27, 2016, the defendant and the victim entered into a contract to sell mobile phone owned by the victim on commission by the defendant.

On May 10, 2016, the Defendant embezzled a total of KRW 18,052,10,00 by arbitrarily disposing of the mobile phone in the same manner from around 201 to October 28 of the same year, as shown in the list of crimes in the separate sheet, while the Defendant kept a cell phone of KRW 6S flus (64GB) for the purpose of sale from the injured party, and instead disposed of and embezzled the cell phone of KRW 18,052,10 in a total of KRW 21 by the same method.

[2018 Highest 1121] On July 8, 2016, the Defendant: (a) around July 8, 2016, to the Victim AK that opened a mobile phone from the “C” operated by the Defendant located in Seo-gu, Gwangju; and (b) the Defendant: (c) the Defendant: (d) the Victim AK that opened the mobile phone; and (d) the Defendant was able to open only two mobile phones in the name of the cell phone in which the mobile phone fee

“.........”

However, in fact, from January 2016, the Defendant had been in a state of inappropriate operation since the operation of the above mobile phone store was not well performed, and the Defendant was in an unreasonable situation in order to receive more fees for raising the performance of the mobile phone sales. Since there was a debt equivalent to KRW 25 million without any particular property, there was no intention or ability to pay the fees even if the Defendant opened the mobile phone in the name of the victim, because he had no intention or ability to pay the fees.

The Defendant, with the consent of the victim on the opening of the cell phone, opened the cell phone in the name of the victim on July 11, 2016 and July 13, 2016, respectively, and did not pay the fee for the two cell phone, thereby incurring property damage equivalent to KRW 2,712,290 on the part of the victim.