A defendant shall be punished by imprisonment 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

[criminal power] On August 22, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) at the Jeonju District Court on October 30, 2017, and the judgment (hereinafter “the judgment 1”) became final and conclusive on August 30, 2017. On August 29, 2019, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Punishment of Violences, etc. Act (Organization of Organizations, etc.) committed by the Jeonju District Court prior to the final and conclusive date of the judgment 1 and three months for a violation of the Punishment of Violences, etc. Act (Joint Intimidation of Organizations, etc.) committed after the final and conclusive date of the judgment 2020.

【Criminal Facts】

In order to raise living expenses, the defendant and B carried the part of the victim C as if they would pay the mobile phone price and service fee, and let the victim open the mobile phone in the victim's name, and then conspired to sell it as a used mobile phone after receiving it.

Around April 16, 2018, the Defendant and B made a false statement to the victim “F” of the mobile phone sales store located near the E University located in Seojin-gu Seoul Special Metropolitan City D University, stating that “I will pay us the mobile phone opening side, mobile phone terminal price, and service fee in the name of four.”

However, even if the defendant and B receive a mobile phone from the victim, they did not have the intention or ability to pay the mobile phone price and the service fee.

The Defendant and B, as seen above, enticed the victim, and sold a mobile phone (G) opened in the name of the victim on the same day, and had the victim use it, but did not pay the victim a total of KRW 1,00,670,000 for the mobile phone price and the service fee, and acquired property benefits equivalent to the same amount.

Accordingly, the Defendant conspiredd with B to acquire pecuniary benefits by deceiving the victim.

It is the mobile phone that the defendant acquired directly from the victim.