Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

On January 16, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor at the Incheon District Court for fraud, etc. and the judgment became final and conclusive on the 22th of the same month.

On October 6, 2012, the Defendant: (a) was in the office of “Co. C” operated by the Defendant located in Nam-gu Incheon Metropolitan City, and was in custody of 2,3690,000,000 won and more than 122 smartphones from the victim D on the condition that profits are divided by exporting them to the Philippines; (b) around that time, the Defendant arbitrarily disposed of it to the Nonindicted Phphones and embezzled the price of KRW 10,20,000 for the Defendant’s business fund.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of account transactions, copies of bankbooks, and copies of invoices;

1. Previous records of judgment: Criminal records, references to criminal records (A), reports on the results of confirmation of the previous records of disposition, and application of two copies of judgment to Acts and subordinate statutes;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that no agreement has been reached with the victim on the reason of sentencing; a sentence shall be imposed once, a stay of execution, and seven times (including once the same kind of punishment); a part of the criminal records is recovered from damage; a crime is recognized and reflected; and other punishment shall be determined as ordered in consideration of equity with the case where a sentence was rendered simultaneously with a final and conclusive judgment; the defendant’s age, character and conduct; the character and conduct; the environment; the motive and background leading to the instant crime; the circumstances after the instant crime, etc.