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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. The Defendant is a person who has been engaged in the business of selling mobile phone, opening, assisting in store management, etc. at the “D” mobile phone sales store operated by the Defendant’s Dong C at the time of scambling.
At around 12:10 on September 16, 2019, the Defendant, while working as an employee of the above mobile phone sales store and kept the consignment mobile phone owned by the victim E, etc., he arbitrarily carried out seven mobile phones equivalent to the total amount of KRW 7,945,300, in addition to the following crimes: (a) one mobile phone equivalent to KRW 858,00, which is the market price of the victim E-owned by the victim E, exhibited in the display stand in other parts; and (b) he arbitrarily carried out seven mobile phones equivalent to the total amount of KRW 7,945,300, as shown in attached Table 1.
Accordingly, the defendant embezzled the property of the victims who were kept in custody in the course of business.
2. Around September 18, 2019, the fraud Defendant reported a notice to the effect that the Defendant posted on the Internet site “H” in front of the G Cooperatives in G Cooperatives, which was located in the G Associations, sold a mobile phone, and false statement was presented to the victim I that “When displaying an USIM card only, the Defendant would immediately sell the 9 mobile phone air system of 1,50,000 won of the available gallon No. 350,000.”
However, at the time of fact, the Defendant sold the embezzled mobile phone as stated in Paragraph 1, and there was no legitimate authority to sell it. The Defendant did not have the intention or ability to sell the normal mobile phone even if he received money from the victim because it was not an official machine available when displaying only the USIM card in the agency, etc.
As above, the Defendant deceiving the victim and received 450,000 won from the victim’s seat to the J bank account (K) under the name of the Defendant as the sales proceeds of mobile phones from the victim’s seat, and received 1,200,000 won in total twice from that time to September 19, 2019, respectively.