A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant, while operating a mobile phone sales store in the name of "C," 114 moving to Incheon B commercial building, entered into a contract on the consignment sale of a mobile phone with which the Defendant received a mobile phone supply from an E mobile phone sales agent operated by the victim D and the Defendant received sales commission and received sales commission and paid the sales payment to the victim, and engaged in the business of selling the mobile phone.

1. On October 1, 2016, the embezzlement of the sales proceeds of mobile phones, the Defendant sold LG-F800 L phone supplied at the above “C” store to customers for KRW 899,80,00, and used 569,800 won, excluding the Defendant’s fee, for personal purposes, such as living expenses and store operation expenses, and sold 58 mobile phones from the above day to November 25, 2016 as shown in attached Table 1 of the Crimes List 27,160,50 won, excluding the Defendant’s fee, for the victim, and used it for personal purposes in Incheon only around that time.

2. Around August 31, 2016, the Defendant: (a) while keeping one cell phone of the amounting to 899,800 won of the market price of the said victim at the above “C” store; (b) arbitrarily sold to a seller of a used mobile phone without going through a domestic mobile phone via a domestic mobile phone; and (c) voluntarily disposed of 11 mobile phones equivalent to 11,532,400 won owned by the victim from the above day to January 18, 2017, as shown in the attached Table 2 of the Crimes List of Crimes, from the above day to January 18, 2017.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.