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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Around August 11, 2011, the Defendant entered into a contract with the victim-victim LOB Co., Ltd. (hereinafter “victim Co., Ltd.”) under which he/she was entrusted with the sales of the mobile phone in Seoul Special Metropolitan City, “D,” and that he/she was in the status of being in the custody of the victimized Co., Ltd. after being transferred the mobile phone device from the victimized Co., Ltd. and being entrusted with the sales of the mobile phone sales and the attraction of the mobile phone subscribers.
While operating D as such, the Defendant applied for a false mobile phone entry using the personal information of the existing customers, and intended to arbitrarily dispose of the opened mobile phone terminals.
Accordingly, the Defendant, at around January 2, 2012, received one mobile phone terminal (name SV-E120 L, serial number E), the market price of which is equivalent to KRW 89,800 from the victimized Company, and embezzled by arbitrarily disposing of the aforementioned mobile phone at a price equivalent to KRW 30-5 million from the trading of the mobile phone in China around August 2, 2012 to around September 9, 2012, and embezzled by arbitrarily disposing of the said mobile phone at a price equivalent to KRW 97,518,300, total market price of the mobile phone, which was kept for the victimized Company, as shown in the list of crimes in the attached Table (1) around August 2, 2012.
2. The Defendant had the intent to forge and use a mobile phone entrance application using the personal information of existing customers, as described in paragraph 1.
A. On June 20, 2012, the Defendant forged a private document: (a) was kept at a D store as set forth in paragraph (1) around June 20, 2012.
SK 텔레콤㈜ 의 서비스 신규 계약서의 가입신청고객정보 항목의 이름 란에 ‘F’, 주민등록번호 란에 ‘G’, 가입사실 확인 연락처 란에 ‘H’, 은행 및 계좌번호 란에 ‘ 국민, I’ 등의 F 의 인적 사항을 기재하고, 위 신규 계약서...