A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant served as a mobile phone salesperson from February 1, 2012 to November 30, 2012 at the LG U agency called "C" located in Songpa-gu Seoul as a mobile phone salesperson.

On August 21, 2012, the Defendant told the victim D to the effect that “The result of selling a mobile phone should be raised, and the mobile phone should not be damaged by cancelling three months after paying the mobile phone price and the mobile phone fee in the four names.”

However, even if the defendant opens a mobile phone in the name of the victim, he/she shall pay a short term price and a mobile phone fee, and he/she did not intend to terminate it after three months.

As a result, the Defendant, by deceiving the victim and receiving an identification card from the victim, opened the mobile phone in the name of the victim by preparing an application for joining the mobile phone in the name of the victim, and received two S 3 mobile phones from C agency when galloning the market value of 1,935,048 won.

In addition, from around that time to November 30, 2012, the Defendant enticed the victims by the same method 18 times in total, and opened a mobile phone in the name of the victims, and charged the victims with the total sum of 32,432,798 won of the mobile phone, and acquired financial benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The Defendant’s confession of the instant crime on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is favorable to the Defendant, but the Defendant again committed the instant crime despite the past record of having been punished several times due to the same type of crime. The instant crime resulted in 18 victims, and the amount of damage also exceeds 32 million won.