A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant, from March 2012 to September 2012, 2012, worked as a sales member of the victim C Co., Ltd. at the 5th department store in Seongbuk-gu, Sungnam-si (hereinafter “the above store”) and was engaged in the business of arranging, storing, selling, etc. of cell phones and other household appliances handled in the above store.

On April 2012, the Defendant changed the occupation of the above store, and came to take exclusive charge of the management affairs, such as inventory management and storage of home appliances, such as the above cell phone, and had the victim keep the cell phone, etc. on his/her duty.

On April 15, 2012, the Defendant, at the above store around April 15, 2012, posted a notice to sell mobile phone after accessing D, which is a mobile phone trading site using a computer, and received cash of KRW 1,200,000 from an unclaimed purchase applicant who read the above notice and found it as the above store, and used the two mobile phones of KRW 1,867,80 for personal debt repayment and entertainment expenses from around 48 times to August 17, 2012, the Defendant arbitrarily disposed of the two mobile phones of KRW 1,867,80, the total market value of the victim’s possession, which was kept as above, and used the profits derived therefrom for personal debt repayment and entertainment expenses, etc.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the details of a complaint, accident report, and financial transaction statement;

1. Relevant legal provisions on criminal facts, Articles 356 and 355(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing of imprisonment [the decision of type] 1 type of embezzlement [the scope of recommending punishment] 4 months] - 1 year and 4 months [the decision of sentencing] - the defendant in August 8 violates the crime of this case.