A A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fines are imposed by the Defendants.

[Criminal Justice] On May 17, 2019, Defendant B was sentenced to 10 months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on May 17, 2019.

【Criminal Facts】

Defendant A is a person who operated a mobile phone sales store under the trade name of “D” in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, and Defendant B was a person who performed the affairs of counseling, explanation of terms and conditions of purchase, preparation of contract, etc. against Defendant A and its customers.

Defendant

On January 27, 2018, A posted an advertisement to the effect that “I will sell a cellphone to an organization.” On January 27, 2018, the victim F reported the above advertisement and found the above sales store by the victim F, the Defendants made a false statement to the effect that “I will send advance payment of KRW 1,655,140 to the victim for the delivery price of Aphone X, which is KRW 1,013,00, and if I maintained the dataAA fare system for 95 days after the opening of the route, I will handle the payment for the remaining short period of the sales store and transfer the device payment for 95 days.”

However, in the event that the Defendants sold the mobile phone devices in the above manner, even if the Defendants aggregate sales fees that the Defendants received from the upper-tier consignment store each time they sold the mobile phone devices, the amount is smaller than the ex-factory price of the mobile phone, and the accumulated structure is the accumulated structure in proportion to the number of opening the mobile phone devices. As a result, the Defendants recognized that it is a business structure of the so-called “debrising” type where the Defendants should pay the installments of the existing mobile phone devices due to the advance payment received from the customers in addition, and the Defendant A used the advance payment received from the victims immediately for living expenses, entertainment expenses, personal debts, etc., and even if the period under which the victims agreed to maintain the specific fare system has elapsed, the victim’s mobile phone is the victim’s mobile phone.