사기
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
On July 25, 2014, the Defendant was sentenced to two years of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on January 30, 2015.
At the same time, the victim (owner) KT, who is a mobile carrier, provided a mobile phone device as a part of the mobile phone on the premise that the mobile phone is used for more than three months in order to attract customers, and operated the method of paying a sales incentive to the opening agency or sales store (hereinafter referred to as "subsidies").
Accordingly, Defendant and C opened a new mobile phone in the name of a corporation that has no intention to use the mobile phone for more than three months, and received a mobile phone terminal and subsidy, and there is a conspiracy to bring C subsidies.
On March 26, 2013, the Defendant requested the victim to open a mobile phone in the name of the said corporation by using the legal document in the name of “(HF)F at the mobile phone sales store of “E” located on the fifth floor of the building D, Seocheon-gu, Seocheon-gu.
However, the facts were that the defendant and C opened the cell phone in the name of the corporation without the intention or ability to pay the cost of opening the cell phone or the cost of using the cell phone, and then they wanted to receive the cell phone and the subsidy from the victim.
Ultimately, the Defendant, as such, by deceiving the victim, received two cell phone terminals equivalent to KRW 2,178,00 in the name of the said legal entity from the victim, and received two cell phone terminals equivalent to the market price of KRW 2,178,00 from around that time to August 12, 2013 from around that time, and obtained 62 cell phone terminals equivalent to KRW 57,61,30 in the name of the said legal entity and obtained 6,620,00 in total of KRW 64,231,30 in total and subsidies from the victim.
Of the annexed list of crimes (1) at the time of prosecution, 1, 2, 35 through 51, 53, 54, 58 through 61, 64, 65, 68, 69, 72 through 81, 86, 87, 92 through 95, and 102 to 61.