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Defendant
A shall be punished by imprisonment with labor for one year and six months, and imprisonment with labor for defendants B and C shall be punished by imprisonment with labor for one year.
except that this judgment.
Reasons
Punishment of the crime
On December 30, 2014, Defendant C was sentenced to a suspended sentence of six months for fraud at the Daegu District Court, and the Defendant appealed, but the appeal was dismissed, and the said judgment became final and conclusive on November 21, 2015.
Defendant A, “2014 Highest 6570,” is a person who actually operates a communications store “H” in Daegu-gu G, and Defendant B is a representative in the name of “H”, and Defendant C is a person who actually engages in sales at “H”.
The Defendants: (a) registered a mobile phone sales business operator in Defendant B’s name without intent or ability to operate a mobile phone sales store in a normal manner; (b) agreed with a superior agency; and (c) conspired to attract customers in a timely manner, such as opening of a mobile phone and stealing the names of its customers; and (c) divide profits from short-term profit by selling the opened mobile phone in a strong way.
1. On September 2013, the Defendants concluded an entrustment contract for sales of cell phones with the victim company at the “H” office. The Defendants entered into an entrustment contract with the victim company.
However, the Defendants were thought to sell the mobile phone stored under the consignment request in the name of the victim company, which is a superior agency without the intention or ability to operate the consignment store according to the agreement with the victim company.
As such, the Defendants conspired in collusion with the victim company and received eight mobile phones equivalent to the total market price of KRW 6,842,00 from the victim company until February 4, 2014.
2. Forging a private document;
A. On January 15, 2014, the Defendants purchased K’s resident registration certificate and passbook account number from J and use K’s personal information in the column of customer information for purchase of a new contract to purchase sk telecom service, the Defendants are in the column of “K”, “L”, “Tgu M” and “Tgu M” in the State column.