A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal records] On January 12, 2018, the Defendant was sentenced to eight months of imprisonment for fraud at the Changwon District Court on January 12, 2018, and the said judgment became final and conclusive on January 25, 2018.

[Criminal facts] From March 24, 2015, the Defendant has been engaged in the business of selling a heavy cell phone and remitting the price to the victim in E operated by the victim D, who was located in Seongbuk-gu C market A 246 of the Sungwon-si, Sungwon-si.

On April 2016, the Defendant sold KRW 130,00 from LG G2, which is kept by the said agency and whose mobile phone name is unknown, and sold the sales proceeds for personal purposes at around that time while being kept in custody for the victim, and embezzled the total amount of KRW 47,90,00 for personal purposes, such as living expenses, entertainment expenses, etc. from around that time to February 2017, the Defendant sold 183 mobile phones owned by the victim as shown in the list of crimes in the attached Table, and embezzled the total amount of KRW 47,90,000 for personal purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (to hear statements by complainants);

1. Standard labor contract;

1. Changwon shock case NEW 1230, 2017 (Inventory status), inventory in July 2017, and e-mail data;

1. Previous conviction in judgment: Application of the Act and subordinate statutes to inquire about criminal history and report on investigation (verification of the progress of a separate fraud case);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. After Article 37 of the Criminal Act, the Defendant, on the grounds of sentencing under Article 39(1) of the Criminal Act, has committed a crime entirely and has a deep-depth radius.

Since a sentence of imprisonment with prison labor for 8 months was imposed on the same victim who committed immediately after the instant case, and the judgment has already become final and conclusive, the equity between the crime for which a judgment became final and conclusive and the instant case have been adjudicated at the same time should be considered.

At the time of committing the instant crime, the fact that there was no record of criminal punishment can be considered as favorable circumstances.

(b).