[2012 Highest 4969] The Defendant is a sales member of D located in Nam-gu Incheon Metropolitan City, and the above D is a company that sells mobile phone sales to general consumers on condition that it entered into a consignment contract with a mobile phone agency and receives rebates.

In order to raise sales performance, the Defendant, including high school clubs, postship and members of the club, was accused of the following matters, and opened mobile phones in the name of the victims.

1. Around May 7, 2011, the Defendant made a false statement to the victim E, stating, “In-house mobile phone sales business, performance must be raised. He/she will not cause damage by cancelling the mobile phone within 14 days in the four names.”

However, even if the defendant opens a mobile phone in the name of the victim, he/she did not intend to cancel it within 14 days.

As such, the Defendant, by deceiving the victim, prepared an application for joining a mobile phone in the name of the victim and opened the mobile phone in the name of the victim, and received a device equivalent to KRW 726,000 from a LG U agency.

From that time until March 6, 2012, the Defendant acquired profits equivalent to the total amount of KRW 88,776,916, in total, 110 times by deceiving the victims, or by opening and receiving a cell phone which has not been permitted to open the cell phone from the victims, as described in Annex A of the Crimes List A, by obtaining financial profits equivalent to the amount of KRW 88,776,916, from the victims.

The prosecutor prosecuteds for the crime of deceiving the mobile phone, which is property, but according to evidence, the defendant is deemed to have caused victims to bear the cost of the mobile phone and acquired profits corresponding thereto, and there are basic facts such as the method of deception and the content of damage.