A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[criminal records] On December 3, 2015, the Defendant was sentenced to eight months of imprisonment for embezzlement at the Seoul Central District Court, and the judgment became final and conclusive on December 8, 2015.

[Criminal facts] The Defendant is a person who established a mobile telephone sales agency with the trade name "D" in Gangnam-gu Seoul and 101, and the victim SK link is a company that operates a mobile telephone communications business.

The Defendant around May 9, 2013, at the “D’ office operated by the Defendant located in Gangnam-gu Seoul, Seoul, and 101, sold the mobile phone terminal and USIM to our company, and then paid the fees to the SK Telecom (State). In the case of SK Telecom, the Defendant would be exempted from paying the fees. The Defendant would have concluded a mobile phone agency contract with us and supplied the mobile phone terminal and USIM to us within one business day from the date of payment.

The phrase “ makes a false statement.”

However, there was no intention or ability to implement the promise even if the device is supplied as agreed upon by the contract of mobile phone agency with the victim.

As such, the Defendant, by deceiving the victim company, entered into a contract for a mobile phone agency with the victim company immediately, and acquired the amount of KRW 65,835,00,00 in total, including 40 USIM chips on June 30, 2013, and KRW 20,927,00,00, and KRW 80,00 on July 31, 2013, and KRW 140,50,64,000 on July 31, 2013, and KRW 65,835,000 in total, including 40,00 USIM chips on September 30, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A complaint;

1. Computerized screen pictures for data on the management of victims, surety insurance policies, standard agreements on agencies entrusted with mobile phones, electronic tax invoices, the current status of delivery, and the details of claims;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 347(1) of the Criminal Act and Article 347(1) of the choice of criminal punishment for the crime (mainly) and the choice of imprisonment.