The defendant is the representative of the corporation B with the purpose of mobile phone wholesale and retail business, and the victim C is a corporation with the purpose of text service business, etc., and the victim entered into a opening contract with D and mobile phone 1,400 mobile phone through the defendant.

【Criminal Facts】

On December 19, 2017, the Defendant called “F, an employee of the victim in Songpa-gu Seoul Metropolitan Government, and B, such as “F, the victim’s employees,” saying, “The U.S.IM cost to be paid to D and the revolving fee would be paid to a mobile carrier when the mobile phone openings beyond the line basically provided by the mobile phone operator.” The Defendant stated, “The core cost per mobile phone is KRW 8,800, and the revolving fee is KRW 5,000 and the revolving fee is KRW 5,00.”

However, the facts are as follows: (a) according to the prior agreement with H that operates the agency of the Defendant and D, the above H bears the burden on behalf of the victim; (b) due to the victim subscribed to the performance guarantee insurance of I, it is unnecessary for the victim to pay the revolving fee; and (c) even though the victim did not have the obligation to pay the revolving fee, etc., the Defendant was thought to have received money from the victim under the pretext of the core cost, etc., and used it as personal business funds, etc., instead of paying it.

The Defendant, from that time to January 17, 2018, by deceiving the victim from that time, received a total of KRW 89,320,000 in total in the name of J bank (K) in the name of J Bank B, a total of three times, such as the entry in the list of crimes, from January 17, 2018.

Summary of Evidence

1. Each legal statement of witness L, H, F, and M;

1. A delivery proposal (as of December 19, 2017), a statement of accounts related to openings (as of December 12, 2017), a statement of accounts related to openings (as of January 3, 2018), a statement of accounts related to openings (as of January 3, 2018), a contract (as of January 3, 2018), a written agreement (as of December 17, 2017), a written agreement (as of March 8, 2018), a radio communication terminal, and a device.