Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The Defendant, while operating a mobile phone sales store with the trade name "D," Seo-gu, Incheon Metropolitan City C commercial building 114, entered into a contract with the victim E to receive mobile phone supply from the victim E on November 2016 and receive sales fees and pay the sales fees to the victim, and engaged in the business of selling mobile phones of the victim.

1. Around November 7, 2016, the Defendant: (a) sold 7 mobile phones to customers for KRW 99,900; (b) sold 829,900 to customers for personal purposes, such as store operating expenses and living expenses; and (c) sold 24 mobile phones from around the above day to November 30, 2016, and arbitrarily used 8,487,900 won in total for personal purposes in Incheon, while keeping 829,90 won for the victim.

Accordingly, the defendant embezzled the property of the victim while on duty.

2. On November 2016, the Defendant: (a) while having kept a cell phone of 99,90 won of the market price of the said victim’s KRW 99,90 in D’, the Defendant arbitrarily disposed of six mobile phones of KRW 5,868,50 of the market price of the said victim from around the day to November 201, 2016, without the victim’s permission; (b) on November 201, 2016, the Defendant arbitrarily disposed of six mobile phones of KRW 5,868,50 in the market price of the victim’s possession from around the day of the crime to the end of November 2016 without the victim’s permission.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of additional damage, list of damage, and details of damage from the submission of victims;

1. Application of the laws and regulations governing Kakao Stockholm messages;

1. Relevant provisions of the Criminal Act and Articles 356 and 355(1) of the Criminal Act concerning criminal facts (the point and end of embezzlement of sales proceeds)