A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant, along with his nameless winners (hereinafter “the head of the office”), and B, operated the mobile phone sales store with the trade name “D” in Seoul Special Metropolitan City C and the first floor, and the Defendant sold the mobile phone while operating the sales store, and the nameless persons are in opening, publicizing, and entering into a sales contract and a sales contract on the mobile phone. The Defendant, while entering into a contract and a sales contract on the mobile phone, did not have an intent or ability to sell the mobile phone normally, intended to sell the mobile phone and dispose of it after receiving the mobile phone from the mobile phone agency and divide the price.

On August 1, 2020, the Defendant entered into a consignment contract with the victim E at the D office, and made a false statement that the Defendant would receive the victim’s cell phone equipment from the victim and sell and open it to the customers instead of receiving the victim’s cell phone equipment.

However, at the time of fact, the Defendant did not have the intention or ability to sell the mobile phone normally even if he received the mobile phone from the victim because the Defendant was scheduled to sell the mobile phone in advance to the middle and high-ranking seller and individually consume the price.

Nevertheless, the Defendant, by deceiving the victim as above, received one cellular phone (the model name: SM-G986NSO-256P) equivalent to KRW 1,397,00 from the victim around August 7, 2020, and acquired it by deception.

In addition, the Defendant, in collusion with the Defendant, received 137 mobile phone numbers of 163,646,100 won in total from five victims to September 11, 202 by the following methods, such as the list of crimes, from around that time to around September 11, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. B Police suspect interrogation protocol;

1. Each police statement made to E, F, G, H, and I;

1. Each specification of transactions;

1. The Kakaogle photographs;

1. Photographs of seized articles;

1. A consignment store contract and a commercial monthly rent;