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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal records] The Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Gwangju District Court on March 23, 2016, and the judgment was finalized on May 13, 2016, and entered into a contract with the victim corporation, which is the upper company, for communication and mobile phone consignment sales.
[2] On November 17, 2014, the Defendant: (a) opened to E a mobile phone (based on a model name: N910) equivalent to KRW 957,00 of the market price at which the Defendant was entrusted with the sale of marine communications by the victim Co., Ltd.; and (b) registered as if the said customer applied for mobile phone subscription with the entry of the mobile phone as if the said customer purchased the short term amount at 18 months; and (c) registered as if the said customer applied for mobile phone subscription through the normal mobile phone installment transaction (T-KY) and paid the normal installment.
However, the defendant will return the device price that was paid in a lump sum to the above customer and make installment payments to the customer.
There was no fact that the defendant had sold the end money from the above customers in a normal way with a cash delivery in advance, and it was an application for opening of a mobile phone to the victim for the purpose of concealing the fact that the defendant acquired the price of the mobile phone from the above customers by obtaining permission from the victim through opening the mobile phone and delivered it to the above customer.
Nevertheless, the defendant deceiving the victim as above and allowed the opening of the above mobile phone from the injured party on the same day, and exempted the payment of the above mobile phone price, thereby acquiring property benefits equivalent to the price of the mobile phone.
In addition, the Defendant’s property amounting to KRW 80,139,400 in total over 83 times in the same manner as written in the list of crimes, from March 20, 2015, from that time to time.