A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant, around February 22, 2017, between the victim B Co., Ltd. (representative director: C) and the victim, "when the defendant takes out a mobile phone terminal owned by the victim under custody for consignment sale, the defendant shall obtain permission from the victim.

“To enter into a contract on the consignment of mobile phone terminals, including the purport thereof.”

On August 12, 2017, the Defendant, at the E office located in Gwangju City, operated by the Defendant, supplied LGM-X320S mobile phone devices with an amount equivalent to KRW 319,00,00 from the injured party, and kept them for the victim. On August 14, 2017, the Defendant embezzled 15,560,60 won of the market price of the 18 mobile phone mobile phone devices from around November 28, 2017, including the act of arbitrarily selling and embling them to a mobile phone dealer, from around August 14, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on a contract for sales floor and a detailed statement of transactions;

1. Relevant Article 355 of the Criminal Act and Article 355 (1) of the Criminal Act and the choice of imprisonment for the crime;

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. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The fact that the sum of the grounds for the fraud of sentencing under Article 62-2 of the Social Service Order Criminal Act reaches KRW 15,560,600, and the fact that the damage was not recovered is disadvantageous to the defendant.

However, the defendant has no record of punishment in excess of the same criminal records and fines, confessions and reflects each of the crimes of this case, actual damage amount of the victim seems to be less than the sum of the amount of fraud, and other factors such as the circumstances of Article 51 of the Criminal Act and the scope of the recommended punishment according to the sentencing guidelines shall be determined like the order.