A defendant shall be punished by imprisonment for four 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 July 27, 2013, the Defendant was sentenced to eight months of imprisonment for fraud, etc. in the Daejeon District Court’s Incheon Branch Branch, and the judgment was finalized on January 4, 2014, and on April 25, 2014, the judgment was finalized on July 11, 2014 after being sentenced to four months of imprisonment due to the crime of deception of private electromagnetic records, etc. in the same court.

On April 4, 2012, when operating “C” from March 28, 2012, the Defendant agreed to pay the amount of gift certificates to the victim at the request of the Defendant, when entering into a “entrusted sales contract” with the victim D to supply mobile phones from the “E” operated by the victim D and act as an agent for business such as new openings, alteration of equipment, etc., and to receive a fixed fee in return.

1. On June 2012, the Defendant: (a) was on the part of the victim and embezzled the amount equivalent to KRW 24,053,00 in total and KRW 27,00 in the market value of the mobile phone supplied by the victim pursuant to the consignment sale contract in Yeonsu-gu Incheon, Yeonsu-gu; and (b) was on the part of the victim, the sum of the market value of the core chips 40,200 in total and KRW 365,20 in the market value of the core chips, and then

2. Around September 11, 2012, the Defendant: (a) around September 1, 201, at the foregoing “C”, the Defendant paid a merchandise coupon to the subscriber G and H to the SSK mobile carrier; and (b) the customer company paid a merchandise coupon; (c) the Defendant sent the deposited data to the “E” located in Guro-gu Seoul Metropolitan Government I, and claimed the payment to the victim.

However, in fact, since the defendant was thought to cancel the order before the above merchandise coupon was delivered, and the above deposited data sent by the defendant was merely an old room to receive the purchase price of merchandise coupons from the victim, the defendant did not have a title to claim money in the name of the merchandise coupon price paid to the customer.

Therefore, the Defendant deceivings the victim as above, and thereby, 600,000 won in the name of the purchase price for gift certificates on the same day from the victim.