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A defendant shall be punished by imprisonment for not less than five months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. From April 1, 2018, the Defendant purchased a heavy mobile phone with C operation of the victim B, which is engaged in the medium and high-speed mobile phone trading business, and agreed to provide the victim with the service and sell the medium and high-speed mobile phone received from the victim to the exporter.
At the time, the defendant did not have the basic fund to purchase the second and second cell phone, so the victim provided the defendant with the basic fund to purchase the second and second cell phone, and provided the defendant with the main fund to sell the second and second cell phone to the exporting company, and the defendant purchased the second and second cell phone with the basic fund, supplied it to the victim less than the other medium and second and high cell phone purchasing company, and then sold the cell phone to the exporting company, and brought about the victim with the payment of the cost and settled the debt.
However, around April 2018, the Defendant received approximately KRW 11,00,000 from the victim as the fund for the purchase of the heavy cell phone, and received approximately KRW 3,030,000 in total the market price of the heavy cell phone, but the victim had been able to settle approximately KRW 7,60,000,000 for the victim. From May 2018 to June 2018, the Defendant received approximately KRW 4,90,000 in total of the market price of the heavy cell phone, but the victim had been able to settle about KRW 1,80,00 for the victim's debt.
On July 16, 2018, the Defendant, at the office of the victim in the middle-gu Seoul Metropolitan Government D2 level, acted as if he would sell the victim's main cell phone to the exporter and bring about the price. On July 16, 2018, the Defendant received 8 mobile phone units from the victim and received 15 mobile phone units from the above office in the above manner as above.
In addition, on July 23, 2018, the Defendant, at the above office around July 23, 2018, said that “to pool one mobile phone purchaser and to provide the purchase fund” to the victim.