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A defendant shall be punished by imprisonment for one year.
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.
Reasons
Punishment of the crime
The Defendant, from March 2014 to February 2, 2018, was serving as the vice head in the “E” of the operation of the D located in Ansan City C, and was engaged in the business of selling mobile phones, openings, store management, etc. of the aforementioned mobile phone sales agency.
1. The Defendant, on August 31, 2017, ordered a victim F who visited the above mobile phone sales agency to sell a device with very low cost when paying the mobile phone price in cash, and treated the principal as “0 won”.
“The victim received 650,000 won from the victim’s new bank account under the name of the Defendant as the price for the mobile phone terminal.”
However, the Defendant had no intention or ability to discount the amount of the mobile phone by using the money remitted from the victim of the fact as personal debt repayment, Internet gambling fund, etc., and having the victim pay the amount of the mobile phone terminal payment in the form of a general installment, and having the victim process the principal in the form of a "0 won".
Accordingly, the Defendant, by deceiving the victim and receiving the remittance of KRW 650,00 from the victim, and by deceiving 147 victims from February 17, 2018, a total of KRW 80,408,092 from the victims, from the time to February 17, 2018.
2. The above mobile phone sales agency where the defendant in occupational breach of trust was working is a company substantially operated by the victim D, and its main business is to open a mobile phone sales terminal supplied in accordance with an entrustment contract with the mobile phone sales agency. If the customer cancels the opening contract with the above agency's negligence, the price of the mobile phone sales agency already sold to the customer shall be borne by the victim who operates the above mobile phone sales agency.