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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On February 18, 2016, the Defendant was sentenced to a suspended sentence of two years in the month of imprisonment with labor due to a violation of the Labor Standards Act in the Busan District Court’s Branch Branch Branch, etc., and the said judgment became final and conclusive on February 26, 2016.
The defendant is a person who operates the "C" as a mobile phone sales chain in the Gu Government-si B commercial building No. 102.
On November 12, 2013, the Defendant: (a) concluded an entrustment contract for business with the content of selling entrusted sales with the supply of cell phones from E Co., Ltd. operated by the victim D; and (b) received nine mobile phone units equivalent to KRW 7,843,90 from the damaged party, and kept them for the victim; (c) closed the business of “C” and embezzled the said mobile phone at his own discretion while selling it.
Summary of Evidence
1. Statement made by the police against D;
1. Contracts on entrustment of business affairs;
1. Previous convictions in judgment: References to inquiries, such as inquiries about criminal history (A) and application of the judgment-making statute;
1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;