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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From July 10, 2015 to December 2015, the Defendant operated C Burial in Dobong-gu Seoul Metropolitan Government, and entered into an entrustment contract with the victim company D to provide mobile phone terminals provided by the above victim company and to entrust the sale of the goods, and has engaged in mobile phone sales and collection business.
1. On November 7, 2015, the Defendant: (a) sold and embezzled a device for carrying a “Aphone 64 device” in an amount equivalent to KRW 99,900 at the market price owned by the Victim D, Inc., for the said company on behalf of the said company at the above store operated by the Defendant around November 7, 2015; and (b) sold and embezzled it at will to the Nonindicted Higher.
In addition, from that time to December 7, 2015, the Defendant sold at will six mobile phone terminals with a total of 6,130,300 won of the market price owned by the victim company at least six times in the same manner as in attached Table 1.
2. The Defendant in breach of occupational duty is obliged to take charge of the business of opening and selling the mobile phone provided with the mobile phone from D Co., Ltd., and there is a duty to prevent the Defendant from opening the stolen mobile phone.
Nevertheless, in violation of the above duty, at the same place as that of July 29, 2015, the Defendant: (a) opened a mobile phone (F) in the name of E by stealing the personal information of customer E; (b) obtained pecuniary benefits equivalent to KRW 1,425,310 from the mobile phone charges and short-term terminal payments; and (c) made the victim company take measures to recover money equivalent to the same amount from SK Telecom Co., Ltd. due to a false report made in the name of a misappropriation; and (d) from around that time to December 7, 2015, the Defendant acquired financial benefits equivalent to KRW 15,132,20 by stealing the name of 12 customers, such as the second period of crime List 2.