The punishment of the accused shall be determined by one year and ten months.

Punishment of the crime

[2018 Godan553] The Defendant worked as an employee at the D E agency managed by the victim C in Jeju-si B and the first floor from December 1, 2015 to September 20, 2016, and was in charge of opening and selling mobile phones.

1. In order to raise money necessary for the use of Internet gambling funds, the Defendant, in the course of occupational embezzlement, opened a mobile phone sold to new customers at the said D E agency to another person’s name, and taken them back.

Around August 12, 2016, the Defendant newly opened one unit of Aphone 6S mobile phone in the name of F with the number of “G” used by the said D E E agency with the knowledge of F’s personal information, which is a customer, for the victim C, using the phone number of KRW 1,830,400,000, and then arbitrarily sold it to a mobile phone dealer from that time to that time.

9. Until June 16, the ex-factory price was 2,961,200 won in total as shown in the annexed Table 1 and embezzled at will after newly opening two cellular phone units equivalent to 2,961,200 won.

2. Fraud;

A. Around September 4, 2016, the Defendant newly made a false statement to the victim H who visited the said D E agency to read a new mobile phone to a customer, stating that “The Defendant would open a new mobile phone without charge and pay the mobile phone after the end of the estimated annual leave of absence.”

However, the defendant did not have the intent or ability to deliver the new mobile phone to the victim only when he thought that he had already opened the new mobile phone in the name of the victim and that he would use it for the Internet gambling fund by selling it to the mobile phone distributor.

As above, the Defendant, by deceiving the victim, delegated his new authority to open a mobile phone at that time by the victim, and received identification cards necessary therefor, etc., and released from the 881,400 Aphone 60 mobile phone with the number of “I”.