Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From November 1, 2015, the Defendant entered into a contract for mobile phone sales with the victim D Co., Ltd. located in Gangdong-gu Seoul Metropolitan Government from November 1, 2015 to supply a mobile phone terminal from the victim company to sell and manage it.
The Defendant had transacted with the Defendant at the above D office around November 1, 2015.
E was notified from the team leader G of the above D company to suspend the transaction of mobile phone supply to the above E in order to increase the performance of the mobile phone sales, etc. despite the absence of the intent or ability to pay the mobile phone price, the defendant or E made a false application for supply of the above mobile phone to the above E in order to increase the performance of the mobile phone sales, and the defendant or E received a false application for supply of the mobile phone to the above E in order to receive the above 49,400 won from employees in the name of the victim company, and delivered the mobile phone to the above E in order to receive the above 17,792,50 won from around the above day to January 1, 2016 after receiving 6 mobile phone from employees in the name of the victim company and delivered the mobile phone from the victim company to the above E in return for receiving the above 3 mobile phone property from the above 17,792,500 won as shown in the attached crime list.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the prosecution with regard to H;
1. Each police statement made to H and E;
1. Application of Acts and subordinate statutes on computerized input data;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general fraud.