A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[2016 Highest 1241]

1. The Defendant’s fraud and embezzlement against the victim C operated “E”, a mobile phone sales store in Seo-gu, Gwangju, and the victim C operated “G” sales store, a mobile phone sales store in Seo-gu, Seo-gu, Gwangju, and the “E” was the subordinate sales store in “G”.

The Defendant received mobile phone from “G” and received sales commission from the damaged party, received sales commission, etc., and the customer directly visits the store to pay user fees for the convenience of customers, the Defendant carried out the business of collecting user fees by proxy, such as remitting such fees to the victim C.

A. In the event that the Defendant received the mobile phone use fee from the victim C on behalf of the victim, the defrauded preferentially pays the customer fees to each telecommunications company without any doubt. The Defendant abused the business process method in which the Defendant settled the fees received from the customers and remitted the money to the victim within a week. Notwithstanding the fact that the Defendant did not have the intent or ability to pay his/her existing mobile phone use fee on behalf of the customers, he/she would, in order to raise the opening performance of the said “E” store operated by himself/herself, pay the customer instead of his/her previous mobile phone use fee for his/her previous month.

In fact, even though the user did not receive the fee for the preceding month from the customer, he or she made a false statement to the victim as if he or she received the fee, and he or she made the victim believe that he or she would receive the amount of the fee by means of making the user pay the fee on behalf of the radio operator.

On February 12, 2015, the Defendant received 221,710 won from a customer H’s “E” office from the victim.

A false statement shall be made.