A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

"2015 Highest 1548"

1. The Defendant in occupational breach of trust is a business employee of the mobile carrier SK Telecom E (hereinafter “E agency”) operated by the victim D in Busan-gu, Busan-gu, from January 9, 2014 to July 18, 2014, who was engaged in mobile phone sales and collection business.

On the other hand, the above E agency's payment of the communication fee, etc. received from the business employee by computer, is in the structure that should deposit the communication fee, etc. paid to the SK Telecom on the next day, and the victim has the responsibility for payment for the money received by the computer.

Since January 2014, the Defendant opened 64 telephone numbers for total 23 persons, as described in the attached Table 1, in the name of the Defendant, his relative relatives, and his branch members, from around the above E-agency, as shown in the attached Table 1, and sold the device through new and exchange methods, and used it for personal debt repayment, etc., the Defendant has the duty of preserving the victim’s profit by allowing the victim to pay the aforementioned amount inputd on the SK Telecom by normally receiving the device installment payments, general termination payments, and communications fees, etc. installed on the mobile phone, and by inputting it into the computer.

Nevertheless, on July 17, 2014, the defendant violated the above duties, and received at the above E-agency, the defendant did not actually pay to the victim the accumulated unpaid amount of KRW 102,621,190, such as installment payments of the mobile phone opened in the name of the defendant or his relative and the branch, as shown in attached Table 1.

As a result, the defendant acquired the above amount of property benefits and suffered property damage equivalent to the same amount as the victim.

2. The Defendant is on July 9, 2014.