A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

The Defendant is a store of the Victim C Co., Ltd (hereinafter referred to as “C”) located in Suwon-si B from November 2017 to March 2018, and has been engaged in the business of opening mobile phones and paying the price.

The Defendant, as the occupation place of C, sells the opening mobile phone to a middle and high-ranking business entity, and pays the balance of the guaranteed insurance money, in order to keep the cell phone opening in line with C’s “the opening performance of 150 mobile phones each month” which C entered into with D., and if the mobile phone opening is not paid, C’s guaranteed insurance money shall be deducted.

On December 14, 2017, the Defendant violated the above occupational duties, and opened one cell phone in the name of the Defendant for the purpose of raising funds for personal use, and sold the cell phone amounting to KRW 1,360,700 in the opened market to the middle and high-ranking business entity, and used it to pay the price to the middle and high-ranking business entity at his own discretion without paying the price to D.

In addition, from around that time to March 6, 2018, the Defendant opened a cell phone equivalent to a total of 42,825,200 won in the market price over 28 times as shown in the attached list of crimes committed by the Defendant, and sold it to a middle and high-ranking business entity, but without paying the price to D, acquired profits equivalent to the above amount at will and suffered losses equivalent to the same amount as the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement and a written statement of G;

1. The defendant's rebuttal;

1. A complaint;

1. Investigation report (to have telephone conversations with middle and high-ranking business operators);

1. Application of Acts and subordinate statutes to a report on investigation;

1. The grounds for sentencing [the scope of applicable punishment] of the relevant Article of the Criminal Act and Articles 356 and 355(2) of the Criminal Act for the choice of punishment [the scope of applicable punishment] of imprisonment with prison labor for not less than one month but not more than ten years [the scope of recommending punishment] shall be the type 1 (less than 100 won).