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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. Around December 28, 2012, the Defendant entered into a contract on the consignment of a mobile phone with the victim (i.e., the victim) in the “F,” operated by the Defendant in Jung-gu Seoul Metropolitan Government E, and had the victim receive and keep the mobile phone devices in accordance with the said contract.
Around August 9, 2013, the Defendant received and kept one cell phone of LG-F320S amounting to KRW 616,000, a victim’s possession, from the “F” around August 9, 2013, and around that time, provided the aforementioned cell phone devices as security.
In addition, from that time until October 28, 2014, the Defendant received 34 mobile phone devices equivalent to KRW 26,852,100 from the victim and embezzled money as collateral and did not return money to the victim, as shown in the attached Table 1, from the time of the receipt to October 28, 2014.
2. Around June 25, 2014, the Defendant entered into a contract on the consignment of a mobile phone with I and J (State) H from “F” operated by the Defendant in the Seoul Western-gu E, Seoul, to enter into the contract on the consignment of a mobile phone, and had the victim receive and keep the mobile phone devices in accordance with the said contract.
On June 2014, the Defendant, as indicated in the List 2 of Crimes, received nine mobile phones of an amount equivalent to KRW 7,450,300, which are owned by the victim, and provided and embezzled money as collateral from the pawne and bond company that could not know the trade name on September 2014 while keeping the same in custody.
3. On October 27, 2014, the Defendant, who committed a crime against the Victim K, phoneed to the Victim K, who was aware of the usual meeting, saying, “I would have to prevent the purchase of cellphones from paying the purchase of the cellphones, and will have to pay the purchase of the cellphones by the next day if I lend money.”
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.
The defendant deceivings the victim as such.