Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On July 28, 2015, the Defendant prepared an application to open two mobile phones in the name of D (W, B, and C) in the name of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and C office on the third floor, and received two mobile phones (Aphone 64GB) equivalent to the market price of KRW 1,056,000 on the 31st day of the same month.

However, with respect to one of the two mobile phones above the defendant's credit limit, a contract for installment sales on the premise of entry and use of telecommunications services has not been concluded yet. Therefore, the ownership of the above mobile phone is only E and it has not been transferred to the defendant.

On July 31, 2016, the Defendant was notified that the opening of the mobile phone service was not normally achieved due to the excess of his credit limit. Therefore, even though he was well aware of the fact that the cell phone in custody should be returned to the damaged company, the Defendant embezzled one cell phone (Aphone 64GB) equivalent to KRW 1,056,000 without responding to the request for return by the victimized company, without responding to the request for return by the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Application form for a mobile phone, terms and conditions of a contract for installment sales, and advice on opening of a mobile phone;

1. Investigation report ( telephone conversations with F, telephone conversations with Seoul Credit Guarantee Consultant, and telephone conversations with Seoul Credit Guarantee Consultant);

1. Application of Acts and subordinate statutes on recording;

1. Article 355 (1) of the Criminal Act applicable to the crime. Article 355 (1) of the said Act (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;