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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal records] On January 11, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the Suwon Franchi, and on January 19, 2017, the above judgment became final and conclusive on January 19, 2017. On June 12, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of occupational embezzlement at the Suwon Franchi, and the above judgment became final and conclusive on June 20, 2017.
[2] On November 11, 2015, the Defendant: (a) entered into a contract for the entrustment of sales of mobile phones with the victim’s cell phone wholesale business operator Co., Ltd., Ltd., Ltd., and the victim’s cell phone sales agent at “D” mobile phone sales agency, which around November 11, 2015, to sell the mobile phone and pay the remainder of sales proceeds except commission fees and subsidies for publication to the victims; and (b) has been engaged in sales of mobile phones owned by the victims.
1. On February 2, 2016, the Defendant sold a mobile phone of 6 AIP6S-64RG owned by the victim corporation EP to customers without the name of the mobile phone of 99,000 won, used 860,100 won for personal purposes, such as store operating expenses, living expenses, etc. while the Defendant kept 860,100 won in custody of the above victim, and sold 35 mobile phones owned by the victims from the above day to March 24, 2016, as shown in the attached Table 1, from the above day to March 24, 2016. The Defendant arbitrarily used 23,148,000 won in total for personal purposes while keeping the victims for personal purposes.
Accordingly, the defendant embezzled the property of the victim while on duty.
2. On November 20, 2015, the Defendant of the short term embezzlement without the victim’s permission, while keeping the victim’s mobile phone at the foregoing agency around November 20, 2015, the victim’s 609,400 U.S. mobile phone valueing to 609,400 U.S. mobile phone valueing to 609,400 U.S. mobile phone valueing to 600 U.S.