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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On June 18, 2013, the Defendant was sentenced to imprisonment with prison labor for not less than eight months at the Seoul Western District Court for fraud.
6. 26. The above judgment was finalized.
From February 2, 2011 to September 2012, the Defendant: (a) was operating a mobile phone sales store of “C” located in Yongsan-gu Seoul Metropolitan Government; (b) was aware of the fact that if an agency of the telecommunications company attracting new customers and opening a mobile phone throughout the phone, the telecommunications company would pay subsidies to the agency; and (c) was recruited in sequence with D and the operators of the non-M office, etc. by soliciting to lend a small amount of loans to the unspecified persons to dispose of the opened mobile phone; and (d) having divided the proceeds into the proceeds
In this regard, on September 12, 2012, the person who was unaware of the name of the operator of the TPP office asked E to open the cell phone in order to make the loan, and then applied for the opening of the cell phone to E as if he were the applicant of the normal opening of the cell phone after obtaining the consent from E, etc. on the 12th day of the same month, stating, “The loan fund due to the opening of the cell phone and the cancellation of opening of the cell phone is possible at any time.”
However, the above E delivers documents, etc. necessary for opening a mobile phone for small lending purposes, and there was no intention or ability to pay the mobile phone price, communication fee, etc., unlike normal application for opening, and the Defendant did not have the intent or ability to pay the mobile phone price, communication fee, etc. instead of the above E.
The Defendant, by deceiving the victim as above, received a total amount of 9.60,000 won from the victim, including one cell phone device with the market value of 8.40,000 won, and one sales incentive for such device.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Previous convictions as indicated in the judgment: Criminal records, investigation reports (a summary indictment review report), Seoul Western District Court 2012 and 2010, respectively.