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A defendant shall be punished by imprisonment for not less than three years and six months.
The defendant shall pay B, who is an applicant for compensation, KRW 2,494,00.
3.2
Reasons
Punishment of the crime
The Defendant, “E,” operates a mobile phone sales store in the trade name of “E,” and around December 13, 2018, the Defendant entered into an entrustment contract with G and mobile phone sales store of the victim F and engaged in the business of receiving and selling the mobile phone.
1. While the Defendant kept the aforementioned mobile phone on behalf of the victim, on February 4, 2019, the Defendant arbitrarily used KRW 6,61,400,00 from that time, from that time to February 20, 2019, to the customers in Seo-gu Incheon, by selling the mobile phone (a model name SM-A750NK) in cash, and paying to the victim KRW 78,40 (a sale price of KRW 348,400 - a sales commission of the Defendant = 270,00 = 78,400).
As a result, the defendant embezzled the property of the victim who was in custody on duty.
2. While the Defendant kept the aforementioned mobile phone on behalf of the victim, on December 12, 2018, the Defendant arbitrarily sold the mobile phone terminal that amounting to 30,761,500 won in total on 22 occasions, as described in the attached Table 2, from that time by February 21, 2019, to J conducting a mobile phone purchase business with the trade name of “I” and with the trade name of “I”, and to J conducting a mobile phone purchase business with the market price of 1,353,00 won.
As a result, the defendant embezzled the property of the victim who was in custody on duty.
"2019 Highest 8451"
1. Embezzlement;
A. From April 5, 2019, the Defendant entered into a contract on the consignment sale of cell phones with the victim at the “E home store” located in the Seo-gu Incheon, Seo-gu H building L and M, Incheon, and entered into the contract on the consignment sale of cell phones from the victim and kept the cell phone. On April 5, 2019, the Defendant’s embezzlement against the victim K was entered in the list of crimes Nos. 3 to 30 from that time until April 13, 2019.