Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

1. On August 28, 2012, Defendant A’s sole criminal defendant concluded a lease agreement to rent 79,200 won per month and 39,200 won at a victim C store in Seo-gu, Seo-gu, Gwangju.

In fact, the defendant did not have any intention or ability to repay the rent even if he rents the massage with no particular property or income at the time.

그럼에도 피고인은 위와 같이 피해자를 기망하여 이에 속은 피해자로부터 2012. 8. 29. 광주 광산구 D에서 시가 3,088,800원 상당의 C 팰리스 안마의자 1대를 제공받았다.

Accordingly, the defendant was given property by deceiving the victim.

2. Around January 2, 2013, the Defendant and the Defendant conspired to open a mobile phone in the name of E/F, G, and E/L, and sell a mobile phone device as a medium phone and distribute profits therefrom, by opening the mobile phone in the name of G at the office of E/H located in the Southern-gu Seoul metropolitan area.

Around January 2, 2013, the Defendant and G opened two mobile phones in the name of G as if they normally pay installment payments and mobile phone usage fees, and sold E and F around January 2, 2013, E and F resell sold the two mobile phones purchased from the Defendant to nephones.

In fact, even if the defendant and G have opened and used the mobile phone, they did not have the intention or ability to pay the installment of the device and the mobile phone usage fee.

Nevertheless, the Defendant and G did not pay KRW 3,258,790, while deceiving the victim and using two cell phoness in the name of G from the victim, thereby acquiring property benefits equivalent to the same amount by deceiving the victim.

Accordingly, the defendant acquired property benefits by deceiving the victim in collusion with E, F, and G.

(b).