A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 28, 2013, the Defendant operated a mobile phone sales agency with the trade name of "C" in the Nam-gu Incheon Metropolitan City B, and entered into a contract for the consignment of goods such as mobile telephone terminal for the purchase of goods such as the victim's mobile phone terminal, etc. from the victim and the Defendant sold the goods instead of the victim, and received from the victim on February 28, 2013 the goods equivalent to 22,103,40 won of the market price, including the 27 mobile phone terminal and the 26 core chips thereof.

On May 2, 2013, the Defendant provided 27 mobile phone terminal devices and 22,103,400 won of the market price, such as 26 core chips, to the IT Center located near Bupyeong-gu Incheon, which was difficult to operate the said “C” agency while being supplied with the said goods by the victim and kept them for business purposes, and embezzled them by arbitrarily offering them as security.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the reasons for sentencing selective to imprisonment with labor;

1. Application of the sentencing criteria [Determination of types] Embezzlement Misappropriation: Type 1 (short of KRW 100 million) (decision of recommending punishment] 4 months - April 1 year and April (basic area);

2. The sentence shall be sentenced in light of the fact that the decision of the sentence was not completely restored, and considering the fact that there was no criminal record of the suspended sentence or more; and