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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
While the Defendant, as a member of the Victim C Co., Ltd. established for the purpose of being entrusted with the mobile communications business, worked as a management member at the pressure dynamic point of the victim in Gangnam-gu Seoul Metropolitan Government and 111, the Defendant had tried to arbitrarily open the mobile phone through the customer’s name and to arbitrarily dispose of the mobile phone air system in his/her custody by taking advantage of the user’s name.
1. On November 25, 2016, the Defendant: (a) collected identification cards from E that he/she intends to open a mobile phone at the point of the above voltage-dong; (b) made two cans file using a mobile phone in addition to the written application for purchase and use of the mobile phone prepared by E; (c) opened an additional application for purchase and use of the mobile phone in the name of E; and (d) made an addition of an application for purchase and use of each of the above mobile phone on the SK Telecom and a license for use of each can file by transmitting each can file to E at his/her own discretion other than 957,000,000, market price of which is equivalent to KRW 7 (G).
The defendant paid 150,000 won in small amount when purchasing merchandise coupons using the aforementioned opened mobile phone, and generated 86,490 won in mobile phone, and then sold 7 phones in medium.
As such, the Defendant, by deceiving staff in charge of SK Telecom, had the victim bear a total of KRW 1,193,490, thereby obtaining pecuniary benefits equivalent to the same amount.
In addition, from November 25, 2016 to February 13, 2017, the Defendant arbitrarily opened a total of 39 mobile phones from around November 25, 2016 to around February 13, 2017, and acquired financial benefits equivalent to KRW 55,007,030 (total of KRW 43,295,95,950 (total of KRW 4,670,230) by arbitrarily opening a total of 39 mobile phones, such as the previous list of crimes (1).
2. The Defendant’s occupational embezzlement is equivalent to KRW 51,480,000 in total market price, such as the victim’s list of crimes (2) at which he/she worked as a managing member at the pressure-driven branch of the victim from November 2016 to February 13, 2017.