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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
When the Defendant came to know that there was a need for money to the victim B, who was aware of the need for money, the Defendant sold the said mobile phone by deceiving the victim to sell money through an alteration of equipment or a new subscription, and had the victim collect money from the victim.
1. Around July 18, 2018, the Defendant embezzled: (a) at C’s agency that the Defendant works for the Defendant in the Seogu-gu, Daegu-gu; (b) instead of demanding the Defendant to pay the unpaid fare of KRW 448,185 to D, the president of the said agency; (c) instead of demanding the Defendant to pay the said fee, the Defendant: (d) had the victim open one device with one device of KRW 143,000 of the market price; (d) had the victim open one device; and (e) had the above device and one device and kept for the victim, the Defendant did not comply with the victim’s request to return because contact was cut off from July 18, 2018; and (e) had the device installed from October 30, 2018 and embezzled the victim’s property by denying the victim’s return.
2. On July 18, 2018, the Defendant made a false statement to the victim B, “one mobile phone shall be opened with a change of equipment, one of which shall be opened, and the mobile phone machines shall be sold to the company and sold to the company, and one million won per owner shall be assigned to the company.”
그러나 사실은 피고인은 피해자의 휴대전화를 팔아서 그 대금을 가로챌 생각이었으므로 피해자에게 휴대전화 판매대금을 지급할 의사가 없었다.
Ultimately, the Defendant deceiving the victim as above, and caused the victim to transfer one cell phone (Aphone X and 64) equivalent to KRW 1,360,700 in the market price opened to the victim’s name through change of equipment around July 19, 2018 to “F” in Daegu-gu E through Kwikset Service. On the same day, the Defendant continued to allow the victim to return the same day to the “H” in Daegu-gu, Daegu-gu, and the market price opened to the victim’s name through new admission 1,57.