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Defendant
A Imprisonment with prison labor for one year, for one year and two months, for defendant B, and for eight months, for each of the defendants C.
except that this shall not apply.
Reasons
Punishment of the crime
[criminal power] Defendant B was sentenced to six months of imprisonment for a crime of fraud, etc. at the Seoul Northern District Court on August 26, 2016, and the judgment became final and conclusive on September 3, 2016. Defendant A was sentenced to six months of imprisonment for a crime of fraud, etc. at the same court on May 19, 2016, and the judgment became final and conclusive on August 5, 2016. Defendant C was sentenced to four months of imprisonment for a crime of fraud, etc. at the same court on August 26, 2016 and one year of suspended execution, which became final and conclusive on September 3, 2016.
【Criminal Facts】
1. On November 2015, the Defendants registered a business operator with “H” mobile phone sales store located in Jung-gu Daejeon, Daejeon under the name of business operator I, and the Defendants opened a new mobile phone through customers’ personal information via which they opened a mobile phone at the above sales store, and subsequently sold the mobile phone to a senior seller of the mobile phone, entered into a consignment contract with a mobile phone agency, and conspired to sell the consigned mobile phone sales business operator.
As the Defendants recruited, on December 3, 2015, Defendant A entered the victim as L in the indictment, which operates the “J” mobile phone sales store located in Jung-gu Daejeon, Daejeon.
On the other hand, it is recognized that L has entered into a contract with I as a representative director of M Co., Ltd. in the terms of entrustment and management agreement attached to the complaint.
Nevertheless, it is not possible to identify the accurate victim because the investigative agency does not investigate the status of the complainant.
However, according to the letter of complaint, the letter of delegation attached thereto and the certificate of personal seal impression, L can know the fact that L filed a complaint with the qualification of the representative director of K at the time of the instant complaint, and the other party agreed by Defendant C is K, and the victim is corrected to K ex officio.
And the cellular phone devices provided by the above victim.