A defendant shall be punished by imprisonment for six months.

Punishment of the crime

From July 22, 2015, the Defendant is a person who operates a mobile phone sales store with the trade name of “D” in the Gyeonggi-si Government City C and 137 from July 2, 2015.

On August 10, 2015, the Defendant: (a) sold a mobile phone from E to the injured party at the above mobile phone sales store by receiving the mobile phone supply from E; (b) paid the sales price to the said company; (c) immediately delivered the goods that were not sold to the said company; and (d) entered into a contract on the consignment of a mobile phone with the contents that would receive the commission at the time of sale; and (c) supplied one mobile phone carrying-on in the amount of LG-F500K (SerialF) worth KRW 825,000 on August 31, 2015.

During the period from August 31, 2015 to December 31, 2015, the Defendant, on behalf of the said company, embezzled the property of the victim by arbitrarily disposing of the said company’s mobile phone at will during the period from August 11, 2015 to December 31, 2015, including by arbitrarily disposing of the said company’s mobile phone at will, as indicated in the separate crime list, while he/she received and kept 44 mobile phone units of the total market value of KRW 40,521,80 from the said company, as described in the separate crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning G in the police statement protocol;

1. Application of Acts and subordinate statutes to credit-related data, mobile telephone sales contracts, short-term entry and departure, and detailed statements;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing the choice of punishment [the scope of punishment by law] 5 years or less of imprisonment [the scope of punishment by law ] (the total sum of profit amounts) / Of the group of embezzlement and breach of trust crimes, the basic area / [the scope of punishment by recommendation] : From April of imprisonment to April 4 months [the general sentencing person] mitigated element: In cases where a crime is not an occupational embezzlement or breach of trust: In cases of embezzlement (determination of sentence] 6 months of imprisonment with labor, the sum of the sum of the sum of the sum of profits exceeds 40 million won.

Nevertheless, the damage was not completely recovered (the first trial date).