Criminal facts

1. On February 21, 2012, the Defendant: (a) stated that “The Defendant would sell 800,000 won high-speed 4 cellphones to the victim’s 800,000 won at a mobile phone sales agent located in the Gyeonggi-gu AH store in Gyeonggi-gu.”

However, the defendant did not have 42 opphones that he could sell to the victim, so even if he received money from the victim, he did not have the intention or ability to sell opphones 42.

The Defendant acquired 80,000,000 won from the victim to the new bank account in the name of the Defendant.

2. On March 15, 2012, the Defendant against the victim AI stated that “AK Telecom” in the “AK Telecom” of the victim’s operation in the Gyeonggi-gu AJFD No. 106 of the Gyeonggi-gu AJFra means that “The Defendant will open a cell phone to the general public and sell a cell phone, a cellphone 4S 4, and a cell chip to the AK Telecom.”

However, the Defendant, except at the time of the occurrence of bonds worth KRW 40,000,000, did not have any other property and did not intend or ability to sell his/her personal debt by selling his/her mobile phone from the victim, and did not have any intention or ability to sell it.

The Defendant received four core chips equivalent to 3,559,600 won in total from the victim at the seat of 3,520,000 won and 39,600 won in market price from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A police statement about AI;

1. Application of the mobile phone delivery details and the Acts and subordinate statutes governing transactions of bankbooks;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for a crime committed by AI with heavy degree of crime) are various defendants.