Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

1. From January 29, 2013 to March 31, 2013, the Defendant embezzled KRW 3,845,230,00 from the above date and time to March 31, 2013, a total of KRW 3,845,230 of the subsidies for communications companies paid to eight customers, including the following: (a) while he/she was in charge of managing the sales and sales revenue of mobile phones at the “O” store of the victim N in Changwon-si M, Changwon-si; and (b) sold mobile phones to P; and (c) embezzled a subsidy of KRW 360,160, which he/she received from a radio operator, while in the course of performing his/her duties for the victim.

2. Around March 23, 2013, the Defendant concluded that “The Defendant would sell a mobile phone sold to him/her to him/her on his/her face” at the victim R management S shop located in Seongdong-gu Q from Changwon-si, Changwon-si, and that “The Defendant would sell the mobile phone sold to him/her on his/her face.”

However, at the time, the defendant did not have any intention or ability to sell a mobile phone to another person.

Nevertheless, on March 23, 2013, the Defendant, by deceiving the victim, obtained two cell phoness equivalent to KRW 2,178,000 from the victim, and acquired two cell phoness equivalent to KRW 2,178,00 from the market price around March 29, 2013 and around March 29, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the N or R;

1. Each complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 347 (1) of the Criminal Act (the point of fraud), and the selection of fines, respectively;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.