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

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

Punishment of the crime

1. The Defendant: (a) from May 13, 2015 to August 26, 2015, the head of the sales division of the “E” mobile phone sales store in Gangnam-gu Seoul Metropolitan Government (E) took charge of the duties such as the inventory management of terminal devices.

The defendant from around May 2015 to the same year.

7. Until August 12, 2015, the mobile phone terminal (based on model name: SM-G925K) in the course of business from the above sales store was arbitrarily cited an amount equivalent to KRW 878,900 in the market price, and the Internet “China” website, etc. sold the false price to the person who was not injured in his/her name through the Internet, etc., and then arbitrarily disposed of the mobile phone terminal at least KRW 21,767,90 in total from August 12, 2015, as described in the list of crimes in the attached Table.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

2. On December 23, 2015, the Defendant made a false statement to the victim H in G Communications located in Gangseo-gu Seoul Metropolitan Government, stating that “In the event of opening a mobile phone, the Defendant would allow the victim H to sell a mobile phone with a total of KRW 10,50,000 won of the penalty for the existing mobile phone and the charges for new mobile phones.”

However, even if the defendant received a mobile phone from the victim, he did not have any intention or ability to pay the sales proceeds because he thought that the sales proceeds are personal liabilities and child support.

The Defendant received from the victim the total amount of KRW 1,50,000,000 from two mobile phones (Aphone6, Iphone6).

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

[2016 Height3818]

1. Defendant's legal statement;

1. Statement of D police statement;

1. The list of lost terminals (2016 Height4061);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to H and I;

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 347 (1) of the Criminal Act (the point of fraud), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.