The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

One copy of the transaction account book (e.g., color) seized, (No. 1).

1. Summary of grounds for appeal;

A. misunderstanding the facts and misapprehension of the legal principles, the Defendant was aware that he had purchased the instant mobile phone with the knowledge that he had opened his mobile phone and sold it, and did not know at all that he had been acquired through the commission of fraud.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Judgment 1 on the misunderstanding of the facts and legal principles 1) The summary of the facts charged in this case is a person who performs the business of repairing and selling the mobile phone at the office of the defendant in Suwon-si B or 301, and C, D, E, F, G, H, H, and I, do not have the intent or ability to pay the cost of the mobile phone and the user fee, and they deceiving the mobile phone owner to the effect that “I will transfer the mobile phone through opening the mobile phone and pay the fixed amount for each mobile phone,” and in a communications company, they would sell the mobile phone by deceiving the aforementioned nominal owner of the mobile phone to the effect that “I will pay the cost of the mobile phone through opening the mobile phone and pay the fixed amount for each mobile phone.” Although it did not open the mobile phone and sell only the mobile phone short amount by opening the mobile phone without the intention to pay the cost of the mobile phone and the cost of the mobile phone to receive the mobile phone from the above nominal owner by deceiving the mobile phone operator to pay the cost of the mobile phone.

On November 25, 2014, the Defendant paid KRW 700,000 per unit to C, knowing that C had opened in the above office around November 25, 2014 by the above method as above, he/she deceivings the owner of the mobile phone and the telecommunications company and opened the mobile phone 2 cost, and he/she was given a delivery of the mobile phone, with the knowledge that the mobile phone is stolen.