A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From the beginning of January 2015, the defendant was employed by the victim (the victim) from the beginning of January 2015, and was engaged in mobile phone delivery service in the interest and Ansan area.

On June 2, 2015, the Defendant received KRW 19,307,200 of the 23 mobile phone market value of the mobile phone that was returned by a customer or requested to revoke the delivery prior to the mobile phone delivery on behalf of the victim, and paid the Defendant’s personal liability with the said money by receiving KRW 12,00,000,000 in cash, from the Dagna located in Incheon Bupyeong-gu, Seoul around June 2, 2015, when he/she was in custody for the victim.

Accordingly, the Defendant embezzled 19,307,200 won of the 23 mobile phone market price of the victim's cell phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 356 and Article 355 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the mitigated area (one month to ten months) of the mitigated area (any person subject to special mitigation) (one month to ten months) of the sentencing criteria (the scope of recommended punishment) is not subject to punishment, or a significant damage has been restored;

2. In full view of all the circumstances, including the fact that the Defendant led to the confession of the instant crime, the Defendant agreed with the victim after the instant indictment, the victim does not want to be punished, and the Defendant does not have the same criminal record, the sentence shall be determined as ordered within the scope of the above sentencing criteria.