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A defendant shall be punished by imprisonment for three years.
Seized evidence Nos. 1, 2, and 3 shall be confiscated from the accused.
Reasons
Punishment of the crime
From August 14, 2012 to January 21, 2013, the Defendant: (a) from around August 14, 2012 to around January 21, 2013, operated a mobile phone sales store with the trade name “F”; (b) concluded a sales services contract with H that operates a G agency from around August 14, 2012; and (c) concluded a sales services contract with the Defendant, which recruited the mobile phone subscribers and opened the mobile phone through the said G agency; and (d) attempted the general public to open the mobile phone without sending the said opened mobile phone to the general public on January 2013.
1. On January 7, 2013, the Defendant made a telephone call to the victim J of the Busan International Shipping Daegu International Building 604, Busan, and made a false statement to the effect that “In order to grant a small amount loan, it is necessary to open the cell phone. When sending an identification card and a copy of the passbook, it is possible to obtain a loan, and the opened cell phone will be paid as a private letter.”
However, the defendant did not have the ability to lend money to the victim, and even if he opened a mobile phone in the name of the victim, he did not have the intention or ability to pay it to the victim.
Nevertheless, the Defendant, using personal information of a copy of identification card issued by the victim, opened two cell phones (Aphone5) in the victim’s name through the above G agency, and disposed of the same after taking over and disposing of it, and acquired the victim’s pecuniary benefits equivalent to 1,892,00 won from January 4, 2013 to January 18, 2013, and acquired 244 cell phones in the victim’s name from January 4, 2013 to January 18, 2013, as shown in the list of crimes (1) of the attached Table of the crime, and disposed of it after taking over 244 cell phones in the victim’s name, and then acquired the same amount’s pecuniary benefits.
2. The Defendant is the victim H. on September 10, 2012, the third floor of the K Building in Busan Dong-gu.