The defendant shall be punished by imprisonment for six months, and the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

From September 3, 2015, the Defendant, as an internal director of the victim C Co., Ltd. from around September 3, 2015, was performing duties in good faith for the said corporation while performing the general affairs of the said corporation.

The defendant and D were the internal directors of the victim, and the defendant opened the mobile phone in the victim's name, and sold the mobile phone and had the intent to gain their profits.

Around September 17, 2015, the Defendant and D applied for the opening of a cell phone from ELS Co., Ltd. to ELSs Co., Ltd. 29 to ELSs, through the optical Communication Co., Ltd., a mobile phone agent in the name of the victim, and sold the cell phone to 1,560,000 won, and had the victims use the cell phone for 12,184,930 won and the user fee of 10,932,860 won.

Accordingly, the defendant, in collusion with D, acquired property benefits equivalent to 15.66 billion won in violation of his occupational duties, and caused property damage equivalent to 23,116,790 won to the victim.

Summary of Evidence

1. Each legal statement of the defendant and D;

1. Each protocol of examination of the accused, D, or E of the public prosecutor or the police (including the whole part);

1. Statement of the police officer B;

1. Application of the Acts and subordinate statutes on telephone recording, copy of the written complaint, copy of the contract, copy of the corporate register, text message, certificate of confirmation, and telephone record CD;

1. Articles 356, 355 (1), and 30 of the Criminal Act applicable to the crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act;

1. It shall be judged as ordered for the reason of not less than Article 32 (1) 3 and (2) of the Act on Special Cases concerning the Cancellation, etc. of Application for Compensation Orders (the scope of liability to compensate to the applicant for compensation order of the accused is not clear);