A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[2014 고단 2672] 피고인은 2013. 12. 20. 경 안산시 상록 구 C에서 'D' 이라는 휴대전화 판매점을 운영하면서 피해자 하 슬라 네트웍( 주) 와 휴대전화 위탁판매계약을 체결하고 피해 회사의 휴대전화를 판매하고, 고객에게 피해 회사를 통하여 휴대전화를 개통해 주는 업무에 종사하여 왔다.

Around December 20, 2013, the Defendant kept 13 mobile phones of an aggregate amounting to KRW 12,741,300, the market price at which the Defendant received a consignment request on behalf of the victim under the foregoing “D” and disposed of at will without opening any way around that time.

From that time to January 28, 2014, the Defendant kept 62 mobile phones equivalent to the total market value of 57,862,200 won, which was entrusted to the victim as stated in Appendix I, and disposed of arbitrarily from that day to the beginning of February 2014 without opening.

Accordingly, the defendant embezzled the victim's property.

[2015 Highest 2142] When the Defendant operates an agency for sales of mobile phones with the trade name “E” located in Ansan-si, Ansan-si, the Defendant entered into a contract for sales of mobile phones with the victim (ju) LT on October 2013, and sold the mobile phone of the victimized company, and was engaged in the business of opening the mobile phone through the victimized company.

The Defendant, from October 2013 to January 2014, 2014, kept 29,012,700 won in total at the market price requested by the victimized company, as shown in Appendix II, from E to E, and embezzled 32 mobile phones equivalent to the total market price of 29,012,70 won.

Summary of Evidence

[2014 Highest 2672]

1. Partial statement of the defendant;

1. The legal statement of witness F and G;

1. Each entry in a contract for entrustment of business affairs and in a list of unclaimed terminals (2015 order 2142);

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I, J, and K;

1. A certificate;