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Defendant
A shall be punished by imprisonment with prison labor for ten months.
Defendant
B is not guilty.
Reasons
Punishment of the crime
1. Defendant A’s occupational embezzlement is a person who has entered into a contract on the consignment of a mobile phone with the victim F who operates the SK Telecom agency from January 2013 to the private mobile phone dealer and supplied the mobile phone to the sales store after receiving the mobile phone from the victim.
On August 9, 2013, while the Defendant kept a mobile phone supplied by the victim on behalf of the victim according to the consignment sale contract as above, he arbitrarily sold the mobile phone amounting to KRW 954,800 at the market price to a middle- and high-phone mobile phone dealer at around 9, 2013, and embezzled it by arbitrarily disposing of the mobile phone amounting to KRW 48,962,100 total market price over 50 times, as shown in attached Table 1 of Crimes List 1.
2. Defendant A’s fraud and attempted fraud were necessary to provide funds for debt repayment, and the victim F, the owner of the SK mobile phone agency, by deceiving the victim F, who was the owner of the mobile phone agency, and then opened the mobile phone under the name of another person, and then disposing of the relevant mobile phone seller, but he/she was able to receive a mobile phone subsidy from the victim F in the way that he/she pretends to use the relevant wired chip as a normally used mobile phone by inserting it into another mobile phone and making a telephone call intermittently, and received a mobile phone subsidy from the victim F in the way that he/she pretends to use the relevant wired chip as a normally used mobile phone by inserting it into another mobile phone.
On October 15, 2013, the Defendant opened SK Telecom in the name of H, the wife of which is located in G located in the area of not more than Seoul on October 15, 2013, and sold the mobile phone to a mid-to-medium mobile phone dealer at the remote location at that time, and in the currency by inserting the core chip of the above mobile phone into another mobile phone terminal, the Defendant pretended to open and use the mobile phone normally.