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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2015 Highest 1225] The Defendant operated C from around 2009 to August 2014, 2014, and entered into a contract on the consignment of a mobile phone between the victim (the victim) and the victim (the victim) on April 30, 2012, and sold the mobile phone apparatus supplied from the victim to the customer who wants to open the mobile phone and deposited the sales proceeds to the victim.
On March 9, 2012, the Defendant disposed of a mobile phone (a model name SV-E160K) of an amount equivalent to 726,000 won at the market price, which was kept for sale after being supplied by the victim, to a mid-to long-term seller and used the price at his/her discretion. From that time to August 21, 2014, the Defendant arbitrarily disposed of KRW 18,767,59, total market price of the mobile phone, which was kept for consignment, as described in the separate crime list, and embezzled it for business purposes.
[2015 Highest 1622] The Defendant did not have any intention or ability to pay the subsidy ex post, even if the victim D changes the mobile phone device or communication device.
Nevertheless, around June 9, 2014, the Defendant concluded a service use contract with the victim, i.e., to pay KRW 650,000 on a face-to-face basis, to the victim D who has been guested at the same time, at the C mobile phone sales store located in the So-gu Seoul Special Metropolitan City B and the first floor of the former Special Metropolitan City, and acquired the same amount of profit.
In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.
[2015 Highest 2188] The Defendant was a person who operated a mobile phone sales store from around 2009 to August 2014 with the trade name C, and was aware of the personal information, such as the resident registration number, etc., of the persons who were known to the general public.