A defendant shall be punished by imprisonment for two years.

An applicant for compensation shall be dismissed.

Punishment of the crime

The Defendant was engaged in the business of selling mobile phones and collecting customer fees from January 15, 2018 to December 6, 2019 by the “D” mobile phone agent operated by the victim C.

1. On January 1, 2019, the Defendant: (a) at the “D’s mobile phone agency operated by the victim C in Daegu-gu, Daegu-gu, on the first day of January 2019, the Defendant carried out a mobile phone with 3 mobile phones of the amount equivalent to KRW 1,364,00 in the market price of the victim’s possession, which is the victim’s possession in other agencies, of KRW 1,364,00,000, the victim’s market price of which is at least KRW 1,364,000.

Accordingly, the Defendant stolen a total of five mobile phones worth 7,018,000 won, which is the victim's market value.

2. Occupational embezzlement;

가. 물품 판매대금 횡령 피고인은 2019. 4. 중순 어느 날 20:00 경 제 1 항 기재 장소에서 성명 불상의 고객에게 시가 170,000원 상당의 에어 팟 2 2대를 판매하고 그로부터 판매대금 340,000원을 지급 받아 피해자 C을 위하여 업무상 보관하던 중 이를 스포츠 토토 도박자금 등 개인적인 용도로 소비하였다.

Accordingly, the defendant embezzleds the property of the victim who has been in custody of business.

B. Around June 1, 2019, the Defendant received KRW 1,074,210 from B for the victim C at the place specified in paragraph (1) around June 1, 201, and consumed it for personal purposes, such as sports soil and gambling funds, from that time until December 1, 2019, while receiving KRW 1,074,210, the Defendant arbitrarily consumed KRW 26,20,630 in total on 127 occasions, such as the list of crimes in attached Table 1 (1).

Accordingly, the defendant embezzleds the property of the victim who has been in custody of business.

3. The key to a thief who intrudes into a structure at night is one of the keys that the Defendant possessed with the intent to steal a mobile phone at the place indicated in paragraph (1) around November 27, 2019.