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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
Around 2013, the Defendant operated a mobile phone sales store with the trade name “D” in Busan Shipping Daegu Building C and the Defendant’s name (hereinafter “instant sales store”), and around that time, sold the mobile phone from “G (hereinafter “instant agency”) located in Busan, which is a mobile communications agency operated by the victim E,” which was supplied to “G (hereinafter “instant agency”). On May 1, 2013, the Defendant related to the H mobile phone special sales store was to proceed with the instant sales store with “H members from the sales store operated by the Plaintiff at home,” and the Defendant would be able to gather many subscribers in a short period and make profits therefrom.
The mobile phone terminal is supplied to our sales store and the sales commission is paid according to the sales volume.
The term "assumed" was referred to.
In the event of excessive payment of subsidies for mobile devices at the time, civil petitions are filed or terminated from subscribers, the telecommunications company was subject to sanctions such as recovery of fees paid before the agency, closure of agency business, etc., so the Defendant also knew that in the event that a mobile phone purchaser sells a mobile device on the condition that excessive paint (e.g., payment of mobile device fees at the sales store without paying the mobile device fees) is paid to the mobile phone subscribers, the Defendant did not receive sales commission according to the sales volume without receiving the mobile device from the victim’s agency.
Nevertheless, even though the Defendant sold a mobile phone to the above H members on the condition that he would have injured approximately KRW 1.2 million per mobile phone ( approximately KRW 50,000 per month for 24 months or 30 months), the Defendant would have pretended that the Defendant would pay a paint within the scope of KRW 400,000 or KRW 600,00,000, which is a commission received from the victim.