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Defendant shall be punished by a fine of KRW 5,000,000.
However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who operates a mobile phone sales store with the trade name from subparagraph C to D in Daejeon Dong-gu.
1. On April 19, 2018, the Defendant: (a) in the foregoing D, the victim E Co., Ltd. and “the mobile phone terminal entrusted by the victim shall file an application for new opening, alteration of equipment, etc. only with the victim; and (b) shall not file an application with other business operators or other agencies. The ownership of the delivered product entered into a contract on the consignment of the mobile phone with the purport that “the victim until the entrusted store sells it to the customer and if the victim requests so, the entrusted store shall return it to the victim without delay; and (c) as described in attached Table 1, from June 5, 2018 to December 21, 2018 to December 21, 2018, the Defendant sold the above 14 mobile phone to the victim, such as a mobile phone X, without a cell phone opening from the above D around February 2, 2019 while keeping the victim with the victim.
2. The embezzlement of mobile phone charges concluded a contract on the consignment of a mobile phone, and when a customer with a mobile phone opening through the mobile phone intends to change a mobile phone, the customer with a unpaid charge should pay the customer unpaid charges. Therefore, the victim first handled the unpaid charge of the customer, while the defendant received the unpaid charge from the customer, and then transferred the unpaid charge received from the customer to the victim.
Nevertheless, the Defendant, around November 22, 2018, embezzled total of KRW 620,540 on two occasions, as indicated in the crime day list 2, from the end to December 3, 2018, while receiving a customer F’s charge of unpaid mobile phone charges of KRW 406,050 from the customer F who requested the change of the mobile phone in the above D and being kept for the victim, and embezzled for voluntary consumption of KRW 620,540 for two occasions.