A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Since January 3, 2017, the Defendant entered into a contract for consignment sale with the victim B, the Defendant has operated the “E” in Seocho-gu Seoul Metropolitan Government C’s mobile phone sales store.

On January 9, 2017, the Defendant stated that “Around January 9, 2017, the Defendant would pay the agreed recruitment fees to the employees in charge of the Victim B, a customer, who opened one normally mobile phone (G935KBE64G) to F.”

However, in fact, the Defendant did not normally open the cell phone of F, which is a customer, but rather went through a so-called “faat” method that instead pays the cell phone price, and in the case of opening the cell phone of the above method, the Defendant requested the victim company to pay the recruitment fee by being aware that it does not fall under the subject of the claim for the recruitment fee under the consignment sales contract between the Defendant and the victim.

Ultimately, the Defendant, as seen above, by deceiving the victim company, received 300,000 won from the victim company to the G bank account under the name of the Defendant’s name from February 16, 2017 to March 16, 2017 as stated in the separate crime list 2, as stated in the above method, obtained 12,010,000 won in total as a solicitation fee for F, which is a customer, from the victim company, as shown in the separate crime list 2, from February 16, 2017 to March 16, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A consignment store contract, a list of non-compliance with the page margin, a certificate of large payment, and a criminal investigation report;

1. Application of Acts and subordinate statutes to an investigation report (the primary submission of evidentiary data on the terminal price of the device at which the complaint is filed), investigation report (the submission of a statement of the complainant/explor), and investigation report

1. In the context of Article 347(1) of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.