Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

From December 2, 2014 to March 2015, the Defendant was engaged in the mobile phone sales service while serving as the head of the mobile phone sales team in the “D mobile phone store” operated by the victim C (28 years old) in Busan-gu, Busan-do.

On January 9, 2015, the Defendant: (a) sold the two smartphones to a mobile phone proprietor without his/her own name and then embezzled approximately KRW 150,000 for personal use, such as the Defendant’s meal expenses, etc., while the Defendant kept two smartphones in his/her business with a total amount of KRW 230,00 ( KRW 115,00 per unit) of the market value at which the customers received a request for disposal by opening a new mobile phone via a new mobile phone; and (b) around that time, the Defendant sold the two smartphones to a mobile phone proprietor with his/her own name and without his/her own license; and (c) embezzled approximately KRW 150,000 for the price.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (as to the calculation of prices of damaged goods);

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;