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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On December 14, 2018, the Defendant was sentenced to imprisonment for a crime of fraud at the Incheon District Court on December 14, 2018, and is currently pending in the final appeal.
【Criminal Facts】
The Defendant is a person who has operated a mobile phone sales store under the trade name of “C” in Bupyeong-gu, Incheon Metropolitan City.
On January 23, 2018, the Defendant posted an advertisement to the effect that “the Defendant sells a mobile phone device at a price lower than the ex-factory price.” On February 23, 2018, the Defendant made a false statement to the effect that “the victim E would return the mobile phone device that was paid for 126 days after opening the advertisement,” and that “the victim E would also return the mobile phone device that was paid for 125 days after opening the advertisement.”
However, according to the Act on the Improvement of the Distribution Distribution of Mobile Device Act, sales stores may not provide differential subsidies to users according to the type of subscription, such as number transfer, new subscription, change of equipment, etc., and the mobile phone service charge system. In addition, where the Defendant sells mobile phone devices in the above manner, even if the Defendant sells mobile phone devices in advance each time he sells the mobile phone devices, the amount of the sales commission that the Defendant received from the upper entrusted sales store is less than the delivery price of the mobile phone, and the accumulated structure where the Defendant 20-300,000 won remains less than the delivery price of the mobile phone, and eventually, the Defendant was aware of the fact that it is a business method of the so-called so-called “debrising” type of business in which the Defendant should pay the payment of the mobile phone installments from the former opening customer due to the advance payment received from the latter. The Defendant received the advance payment from the victim without any special property.