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

Defendant

A operated a mobile phone sales store in the name of "C" from January 2, 2011 to June 201, 201.

D is an employee of “C”.

“C” was provided with a mobile phone sales allowance set by E, a mobile phone agent, and was operated in the structure of raising profits by receiving allowances set as above from the injured party when selling the mobile phone to customers.

The Defendant and D conspired to sell mobile phones to customers and acquire sales allowances from victims on the condition that they pay the mobile phone machine value of customers in spite of the intention or ability of customers to pay the mobile phone machine value.

around January 18, 2011, Defendant A and D made a false statement to the effect that “F who visited a sales store to purchase a mobile phone, will pay the machine value by substitute for the purchase of the mobile phone.”

However, the defendant and D knew that most of the allowances received from the injured party should be used as a machine price in order to pay the prices of mobile phone machines for the injured party, and that even if they were paid from the injured party, they would have been able to consume them for operating expenses and personal purposes, so there was no intention or ability to receive allowances from the injured party by selling the mobile phone normally.

Defendant and D have sold F a mobile phone of an amount equivalent to KRW 240,00 at the market price (a model name: SCH-B90) and sold a mobile phone over 46 times from around that time to June 1, 201, such as the details of sales of the attached mobile phone from around that time to around June 1, 2011, and claimed an allowance to the victim as if they were normally sold the mobile phone. The Defendant and D have claimed an allowance from the victim on February 28, 2011 as if he/she had sold the mobile phone. The amount was KRW 345,00 on January 31, 2011; KRW 2,020,000 on March 31, 2011; KRW 8,920,00 on March 31, 201; and April 1, 2011.