Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

1. On October 30, 2015, around 18:00, the Defendant received a request from the victim B to exchange a new product with a sales store because the portable phone purchased from the victim B does not work well before he/she goes through, and thus, he/she was requested to exchange the phone with the new product.

On November 10, 2015, the Defendant kept the above portable phone for the victim, and sold the above portable phone to E at will from the street above the “D cafeteria” located in Busan Dong-gu, Busan, to E at around November 21, 2015.

As a result, the Defendant embezzled one of Samsung 6 portable phone units in Samsung Gallon, the market value of which is equivalent to KRW 700,000,000.

2. On November 10, 2015, the Defendant, on the street in front of the “D cafeteria” located in Busan Dong-gu, Busan around November 21, 2015, sold a s6 portable phone call to the victim E in a normal state, not a lost or stolen product.

2. The term “assumed.”

However, the fact was that the hand phone, which the defendant intends to sell, is a stolen owned by B embezzled, such as Paragraph 1, and thus, it cannot be used normally.

As above, the defendant deceivings the victim and was delivered 3.9 million won as sales proceeds from the victim, i.e., the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and B;

1. Application of Acts and subordinate statutes on a copy of transaction statement;

1. Article 355 (1) of the Criminal Act (the point of embezzlement) and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each fine for the selection of a punishment (in-depth reflection of the depth of the crime, embezzlement and taking into account the fact that the amount of embezzlement and taking advantage of misappropriation was not significant, agreed with the victim E, and the fact that the damaged goods have been returned to the victim B, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;