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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
"2016 Highest 2453"
1. The Defendant is a person who operates Seongdong-gu Seoul Metropolitan Government buildings and E in 107.
Around May 15, 2013, the Defendant entered into a consignment contract with the victim F Co., Ltd., who operated a mobile phone agency in E and sold it to consumers on consignment, and received 45 mobile phone sales equivalent to the total market value of KRW 45 million from the victim from June 2013 to the end of August 2013, the Defendant embezzled the aforementioned mobile phone as collateral for the loan from Yongsan-gu Seoul Metropolitan Government and Seoul Nowon-gu Seoul Special Metropolitan City, by arbitrarily disposing of it from July 20, 2013 to the end of August 2013.
2. Around September 24, 2014, the defrauded made a false statement to the victim I by the H mobile phone agency located in Gangdong-gu Seoul Metropolitan Government, stating that “If there are three mobile phones, the overdue telecommunications charges may be resolved, and the amount of the mobile phone charges shall be paid only after three months from the opening of the cell phone for three mobile phones, and the mobile phone charges shall be paid instead of the mobile phone charges for three months from the opening of the cell phone.”
However, as the Defendant had a debt equivalent to KRW 380,000,000, the Defendant had no intention or ability to pay the overdue communications fee or to pay the mobile phone fee in lieu of the victim, even if he/she received three mobile phones from the victim by opening three mobile phones in the name of the victim.
On October 1, 2014, the Defendant: (a) by deceiving the victim; and (b) received from the victim, one cell phone of an amount equivalent to KRW 957,00 at the market price from the victim; and (c) one cell phone of an amount equivalent to KRW 957,00 at around October 1, 2014 from the victim.
The Defendant is a person who operated the “K” mobile phone sales store from April 2012 to September 2013, 2013.
1. The Defendant, around June 2013, committed fraud, to the employees M of the Victim (State) L at the above “K office” office, “Carrying phone sales store.”