A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

From July 2017 to October 20 of the same year, the Defendant is a person who operated a mobile phone sales store with the trade name “E” from the second floor of the Incheon Bupyeong-gu D Building from November 2017 to January 2018.

1. On July 28, 2017, the Defendant: (a) decided to commission the Victim F Co., Ltd. F and the Victim’s mobile phone terminals; and (b) concluded a contract on consignment of depositing the sales proceeds after deducting the Defendant’s profits into the victim’s account.

Nevertheless, around November 2017, the Defendant arbitrarily consumed and embezzled the sales proceeds of KRW 21,639,50,00 from the amount received after selling the mobile phone received from the victim for consignment sale to the victim, and then arbitrarily consumed it as monthly rent, etc. around that time from around December 2017 to around December 2017.

2. On July 28, 2017, the victim G Co., Ltd. Defendant concluded a contract on consignment of mobile phone terminals owned by the victim G Co., Ltd. and the victim, and when selling mobile phone terminals, the sales proceeds after deducting the Defendant’s profits were deposited into the account of the victim.

Nevertheless, around November 2017, the Defendant arbitrarily consumed the sales proceeds of KRW 18,664,130 from the amount received after selling the mobile phone received from the victim for consignment to the victim, and embezzled the sales proceeds of KRW 53,180,870 in total from around that time until January 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police of H. H.