A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, from April 23, 2012 to February 27, 2013, engaged in the mobile phone sales business in the name of “C” in Seoul Northern-gu, Seoul, and entered into a contract on the consignment and consignment of a mobile phone with “C” (hereinafter “C”), which is a telecommunications device wholesale and retail business entity, around November 7, 2012. From November 12, 2012 to February 27, 2013, the Defendant received a request for the consignment of a mobile phone from the said company and kept the same in custody.

On January 20, 2013, the Defendant, among the 1110 mobile phone devices kept as above, embezzled the amount equivalent to 30,311,90 won at the 35th market price among the 110 mobile phone devices, by transferring them to E, the Defendant’s creditor, and providing them as security.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to details of complaints and terminals;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Determination of Punishment] Embezzlement Type 1 (Decision of 100,000 won or less) [Determination of the recommended area] Basic Field / [Scope of the recommended punishment] / 4 months or 1 year and 4 months [where it is not an occupational embezzlement or breach of trust: / serious reflective element - Where it is not an occupational embezzlement or breach of trust : In the case of embezzlement / [Scope of punishment] / 5 years from January to 5 years [where the positive reason for suspension of execution] - Where the substantial damage is considerably small (where the substantial damage is less than 20 million won): positive general reference reason - there is no previous conviction or more than a suspended sentence / partial recovery of damage, efforts to recover serious damage [decision of punishment] 6 months, suspension of execution 2 years or less, the defendant has no same criminal history as the defendant has committed a mistake, and the defendant has made efforts to recover damage to the victim as prescribed in Article 51 of the Criminal Act.

It is so decided as per Disposition for the above reasons.