A defendant shall be punished by imprisonment for six months.

Punishment of the crime

From February 5, 2012, the Defendant was a person who operated the mobile phone sales store with the trade name “D” in Ansan City from around February 5, 2013. Around June 5, 2013, the Defendant entered into a consignment contract with the victim E, under which the Defendant would receive and sell the mobile phone terminal from “F”, which is the wholesale store for the operation of the victim, and receive certain fees per unit at the opening of the mobile phone. Accordingly, the Defendant refused to return the mobile phone at the request of the victim from June 5, 2013 to November 2013, and then embezzled it by requesting the return of 37 mobile phone units from the victim from the market price of 50,000 won at the market price of 16,689,200 won as stated in the list of goods, such as IM-A870S1 unit, etc., which was sold from around December 10, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of consignment contract and written confirmation of terminal holding;

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

1. Circumstances in favor of the reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes: Unfavorable circumstances that have no record of identical or heavy punishment: Decisions on the intent to punish victims, frequency of crimes and amount of embezzlement, and application of sentencing guidelines for non-existence of effort or non-existence of possible effort to recover damage (decision of type ] Type 1 (100 million won) [decision of the recommended field] of the basic field [decision of the recommended field] / [Scope of recommendations] basic area / April 1 and April 14]