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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On April 20, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for fraud at the Suwon Giwon, which became final and conclusive on July 29, 2016.
【Criminal facts” (Transfer to the Ministry of the Army Headquarters General Prosecutor) together with C (Transfer to the Ministry of the Interior on the same day), the Defendant, as if he were to open a normally a mobile phone, deceiving a radio operator to open a mobile phone, and sold a opened mobile phone and divided the profits therefrom. The Defendant conspired to take charge of the role of opening and selling the mobile phone to the general public, and C in soliciting the nominal owner of the mobile phone.
On March 3, 2015, the Defendant filed an application for opening a mobile phone in the name of D, as the Defendant used D’s mobile phone using the name of D, which C had been recruited, and as the Defendant would pay the installment amount and the fee for using the mobile phone, to a staff in charge of opening a mobile phone in the name of the victim Scom Telecom Co., Ltd.
However, the fact that the defendant opened a mobile phone in the name of D and expressed his intention to pay money by selling it immediately, and there was no intention or ability to pay the installment payment of the mobile phone and the user fee.
The Defendant received 821,00 won or more from the injured party in the name of D, one cell phone of 6 flus cellular phone (E: the phone number).
In collusion with C, the Defendant received a total of 20 mobile phones of KRW 17,671,696 from the victims over a total of 20 occasions, such as the statement in the list of offenses from March 2, 2016 to June of the same month.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect concerning F by the prosecution;
1. A protocol concerning the interrogation of suspect C by the police;
1. Part of G’s statement concerning the accused during the police interrogation protocol (No. 10 times a net time);
1. Statement made to H and I by the police;
1. Each complaint filed by D, J and K 1.