Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The Defendant, as the representative director of the Company B (hereinafter “B”), was supplied with a mobile phone terminal from the victim C on April 25, 2012, but entered into a contract with the victim to sell the device to the final consumer until the ownership of the device is sold to the final consumer, and the above device cannot be transferred to a third party or provided as security without the victim’s approval, and has been engaged in the consignment business under the above contract.

On April 8, 2016, the Defendant, at the B office located in Yongsan-gu Seoul Metropolitan Government, supplied the victim with 42 SM-P55S devices and kept them for the victim on his/her duty, provided two creditors against B at the same place on December 14, 2016, with the total market price of 20,328,00 won for payment in kind (hereinafter “instant device”).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A criminal investigation report (Submission of materials who has filed a complaint), and a criminal investigation report (the call for confirmation of the party to the sales store);

1. The copy of the corporate register, the amendment agreement of the re-entrusted store, the amendment agreement of the re-entrusted store, and the tax invoice (under the following circumstances acknowledged by the above evidence, the Defendant is deemed to have been in the position of keeping the cell phone owned by the victim as the representative director of the B in the course of business. ① On June 1, 2016, the victim entered into a contract with the content of supplying the instant terminal (

Article 20 of the 're-entrusted Point Revision Agreement' entered into between the victim and B is delivered to B at the same time as the tallying confirmation after purchasing the device, but the ownership of the device until B sells the device to the final consumer is owned by the victim.

Even after the delivery of the device, there is still a burden of inventory to the victim. B deals with the device with the duty of due care of a good manager.