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Defendants shall be punished by imprisonment for four months.
However, each of the above defendants is against the defendants for one year from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On March 10, 2014, the Defendants were commissioned to take a disposition of health food equivalent to KRW 638,000 in total market value, such as slots and miscarriage germs, from the victim F at the E office located in Ansan-si, Ansan-si., the Defendants were in custody for the victim.
In March 10, 2014, the Defendants kept 121 health foods worth KRW 10,392,70 from March 10, 2014 to April 13, 2014, including selling the above health foods to non-consumers and arbitrarily using them as living expenses, etc., the Defendants arbitrarily sold them to non-consumers from March 2014 to August 2014.
Accordingly, the Defendants conspired and embezzled the victim's property.
2. On November 4, 2014, Defendant B: (a) released the status of the suspension of the use of a mobile phone (G) called to the KT customer center and opened in the name of F; and (b) denied use of F’s resident registration number by referring to F’s resident registration number as if he/she was F.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of the police statement concerning F;
1. A complaint;
1. Details of text transmission;
1. A certificate of collection of charges;
1. Application of the Acts and subordinate statutes on mobile phone suspension details and telephone duty statement;
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Articles 355(1) and 30 of the Criminal Act;
B. Defendant B: Articles 355(1) and 30 (Embezzlement) of the Criminal Act; Article 37 Subparag. 10 (Unlawful Use of Resident Registration Number) of the Resident Registration Act; and each choice of imprisonment with labor
1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and
1. Defendant A [the scope of recommending punishment] under Article 62(1) of the Criminal Act for the reason of sentencing under Article 62(1) of the suspended sentence, who does not have the basic field (4 to 1 year and 4 months) [the decision of sentencing] (the decision of sentencing].