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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] On November 21, 2018, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Suwon District Court, and the said judgment became final and conclusive on January 18, 2019.
【Criminal Facts】
"2018 Highest 7104"
1. The Defendant is an employee of a mobile phone organ agent with the trade name “C” located in Suwon-gu, Suwon-si, who is engaged in the sales and opening of mobile phone devices, inventory management, etc.
From September 6, 2013, the Defendant concluded a contract on the consignment of a mobile phone device with G operated by the victim F through “D” store from “C” store, and agreed to sell and sell the mobile phone device through a new opening of the mobile phone and change of equipment, etc. to customers who wish to obtain a new opening of the mobile phone and change of equipment, etc., and return the non-saleable product.
Nevertheless, on May 13, 2014, the Defendant kept one unit of H smartphone in a total amount of KRW 814,000,000 at the market price that the victim released and entrusted, without going through a radio operator, sold it through a mobile phone terminal dealer at that time, and arbitrarily consumed the price in order to cover the cost of living, and from that time to November 27, 2014, the Defendant arbitrarily disposed and consumed the total amount of KRW 28,983,90,00 in the smartphone market price as shown in the attached list of crimes (1).
Accordingly, the defendant embezzled the victim's property.
2. On May 21, 2014, the defrauded filed a written application for the establishment of the Court in the name of the Defendant, even if the Defendant opened the cell phone in the name of the said “C” store, despite having no intent or ability to pay the mobile phone installments and the telecommunications fees normally, to the employee in charge of the dispute resolution of the victim, who is aware of the fact.
As above, the defendant deceivings the victim company and is subject to it.