A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On September 2019, the Defendant, “A” in the 2020 Man-Ma1124, when working as an employee at the “C” located in Kimhae-si B, was accused of deceiving customers who open a mobile phone to “be paid in lieu of an existing penalty” and “be paid in lieu of the cost of mobilephone machines” by deceiving them to “be paid in lieu of an existing penalty.”

On September 21, 2019, the Defendant made a false statement to the victim D who opened a mobile phone at the above store to the effect that “the victim D wishes to pay the money instead of an existing penalty.”

However, the defendant had no particular property due to bonds and financial rights at the time, and even if he received the above money, he was planned to use it for the Internet gambling or living expenses, and did not have the intention or ability to pay the penalty on behalf of the victim.

Accordingly, the Defendant acquired 339,380 won from the victim to the agricultural bank account in the name of the Defendant from the victim, and acquired 11,780,470 won in total from the victims over 54 times from March 24, 2020, such as the list of crimes in the attached Form.

The Defendant, on January 2020, 2020, worked as a mobile phone sales employee at the victim F-Operation C store located in Kimhae-si, Kim Jong-si, and disposed of a smartphone (Aphone 11) with one smartphone (Aphone 11) equivalent to KRW 1,529,000 owned by the victim while working as a mobile phone sales employee at the victim F-Operation C store located in Kimhae-si, Kim Jong-si, and was in custody for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Complaints, statements and police statements of victims;

1. Details of each deposit;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Relevant Articles 347(1) and 356 of the Criminal Act, Articles 355(1) and 355(1) of the Criminal Act, the choice of imprisonment for a crime, the choice of a penalty

1. Article 37 of the Criminal Code among concurrent crimes.