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The judgment below
The part against the Defendants is reversed.
Defendant
A, C, and D shall be punished by imprisonment with prison labor for one year and six months, and Defendant B.
Reasons
Summary of Grounds for Appeal
Article 2-A of the misunderstanding of facts or misunderstanding of legal principles
As seen in this paragraph, the prosecutor applied for permission to change the indictment in the trial room, and this court shall permit it and the subject of the adjudication is changed, and the reason for appeal that has no meaning shall be omitted.
Defendant
A In this subsection, the name of the defendant is omitted and only "the defendant" is marked, and the other co-defendants are specified only in their name.
The methods of writing against the Defendants are as follows.
(1) Inasmuch as an opening registrant of a mobile phone (hereinafter referred to as “opener”) opened a mobile phone without any intention or ability to pay an installment of the mobile phone (hereinafter referred to as “ installment”) and immediately received cash from a telecommunications business entity, etc. and did not pay an installment to a telecommunications business entity, the person who acquired the relevant mobile phone cannot be deemed the Defendant, who is an agent of the place of opening and is an agent of sales.
② The Defendant did not know that he had no intention or ability to make installment payments to the openings and requested openings to the Victim Ecomcomcomcom Co., Ltd. (hereinafter “victim Co., Ltd.”). As such, the Defendant had no intention to commit the crime of defraudation.
Defendant
(1) Since a considerable number of persons in whose name the opening has actually paid installments, it is difficult to conclude that they have no intention or ability to pay installments, communications charges, etc. to them.
(2) A device is not acquired by the defendant but disposed of by delivering it to TM business operators, etc., and the defendant shall not be deemed to have acquired the device by fraud.
③ Since a victim company opened a mobile phone with knowledge of the circumstances in which the mobile phone is opened for the purpose of lending, it does not constitute a crime of fraud against the part of the mobile phone, or at least aids and abets are established.
Defendant
C. 1