A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

From February 5, 2018 to March 2019, the Defendant was operating D Co., Ltd., a mobile phone consignment business entity in Seoul Guro-gu Seoul Metropolitan Government building B from around February 5, 2018, and around April 21, 2018, the Defendant entered into a contract on the consignment of mobile phones with E Co., Ltd. and supplied a mobile phone from the victimized Co., Ltd. and sold the mobile phone to the customers or purchased the mobile phone, and was engaged in the business of paying the damaged Co., Ltd.

On December 1, 2018, the Defendant arbitrarily used KRW 99,600,00, excluding KRW 250,000,000, out of the sales proceeds of KRW 349,60,00, which the Defendant received from a mobile phone customer (SM-G950N -64G) from the Defendant Company D, as well as arbitrarily used KRW 137,810,00,00, out of the sales proceeds of KRW 185,90,00,00, excluding KRW 48,09,00,000, which was kept in the course of business for the damaged Company, from around that time, as in the list of crimes (1) and the list of crimes (2).

Accordingly, the Defendant embezzled the property of the victimized company.

Summary of Evidence

1. Partial statement of the defendant;

1. A written application for consignment sale of mobile communications, a written application for consignment sale of mobile communications, and a written settlement and consignment sale of each management contract, with respect to each of the legal statements of the witness F concerning the accused;

1. Application of the statutes governing the change of the unit price table of sales commission, policy list, and mobile phone sales commission;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. As to the Defendant’s assertion of Article 62(1) of the Criminal Act on the suspension of execution

A. The Defendant does not conclude a consignment sale contract with the victimized company, but rather takes a cell phone terminal from the victimized company (hereinafter “short terminal”).