A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 3, 2012, the Defendant stated that “The Defendant would return 150,000 won per unit without a mold and receive a refund for the value of the device, while serving in the E mobile phone store operated by the victim D in Jongno-gu Seoul Metropolitan Government, while serving in the KT mobile service management department, the employees in charge of returning the defective mobile phone of the Samsung Service Center are well aware of the fact that it would receive a refund,” and that “The Defendant would receive a refund for the value of the device.”

However, the defendant did not work in the KT mobile business management department, and even if he received a mobile phone and fee from the victim, he did not have the intention or ability to receive a refund.

Nevertheless, the Defendant, as seen above, by deceiving the victim, and then deceiving the victim from March 2012 to May 2012, 201, received from the victim KRW 21,528,700 from the beginning of March 2012 to the beginning of May 2012, and acquired KRW 4,320,000 from the mobile phone amounting to KRW 21,528,70 as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant’s partial statement

1. D's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the substitute part);

1. Application of Acts and subordinate statutes to list details of damage, statement of currency with the suspect, statement of use by the suspect, certificate prepared by the suspect, and statement of deposit money;

1. Relevant provisions of criminal facts: Article 347 (1) of the Criminal Act;

1. Suspension of execution: The following punishments are comprehensively taken into account: (a) the fact that there is no agreement with the victim on the reason of sentencing under Article 62(1) of the Criminal Act; (b) the price of the Handphones used by the defendant in the course of deception seems to be remarkably lower than new goods; (c) the victim returned 3 million won to the victim; (d) the previous convictions of the crime of fraud are two times; and (e) there is no criminal conviction heavier than that of the above; and (e) other various conditions of sentencing, such as the defendant’s age, character and conduct, environment, and circumstances after the crime; and (e) the scope of recommended sentence according to the sentencing guidelines of the Sentencing Commission (the basic area among the types of general fraud No.