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Defendant
A and C shall be punished by imprisonment for 10 months, by imprisonment for a maximum term of 8 months and by a short term of 6 months.
Reasons
Punishment of the crime
1. Joint criminal conduct by Defendant A and Defendant B
A. The Defendants’ fraud refers to Defendant A’s seat who opened a mobile phone and paid a certain amount per mobile phone on the face of a week, and the mobile phone price shall be paid in full by us and shall not cause damage to us.” After opening the mobile phone in the name of the gate, the Defendants expressed their intent to acquire profits by selling the mobile phone to E who is the purchaser of the heavy mobile phone.
Accordingly, on April 27, 2015, the Defendants prepared an application for subscription to a mobile phone with the same attitude that “G shall work as a staff member of the mobile phone in the Gu F while Ansan-si, and it is necessary to have his/her performance, thereby opening a mobile phone and paying a certain amount of money per unit of the opened mobile phone.” At L U U.S. agency of the victim’s name in the vicinity of the G on the same day with G consenting to opening the mobile phone, and at LG U.S. agency of the same day, G used the mobile phone with opening the mobile phone in the victim’s name and normally pay the fare and the cost of the mobile phone each month while using the mobile phone, and received one mobile phone with the victim’s market price of KRW 1,056,00 from the victim.
However, even if the victim opened his/her mobile phone, the Defendants thought that he/she would take profits equivalent to the price of the mobile phone by disposing of 70-8 million won per vehicle to the purchaser of his/her mobile phone while allowing him/her to use the mobile phone, and there was no intention or ability to pay the cost of the mobile phone normally.
As a result, the Defendants received one cell phone of 6 mobile phone from the victim in an amount equivalent to KRW 1,056,00 from the victim and received one cell phone of 1,00,000 from April 23, 2015 to June 12, 2015.