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Defendant
A Imprisonment with prison labor for one year, for three years and six months, for Defendant C, for two years, and for Defendant D.
Reasons
Punishment of the crime
Defendant A, B, and D operated G, which is a mobile phone sales store located in the Nam-gu, Nam-gu, South-gu, Gyeong-si.
The general route of selling mobile phones is that the agency concludes a mobile phone sales contract with the telecommunications company, the sales store and the mobile phone sales contract respectively, and the sales store sells the mobile phone to the customers according to the consignment sales contract. If the consignment sales contract between the agency and the sales store is concluded, the agency has the ownership of the mobile phone, and the sales store receives the mobile phone from the agency without providing the security and sells it to the customers according to the terms of the contract.
In the process, the radio operator shall pay a sales allowance of KRW 200,000 from 20,000 to the agency per sold mobile phone, and the agency shall pay all sales allowances received from the radio operator to the sales store, and instead receive a certain ratio of the customer communications fee from the radio operator.
Defendant
A, B, and D, around April 1, 2013, by taking advantage of the fact that they can enter into a consignment contract with an agency without providing a security and receive a cell phone, they will enter into a sales contract with a large number of agencies and sell a large amount of mobile phone to a medium-sized mobile phone dealer without opening or selling it, and some of them would induce the customer to enter into a large amount of subsidy through tele-market prohibited by the method of attracting customers, without paying a subsidy to the customer, and to receive a large amount of subsidy from the agency. After soliciting the customer to enter into the sales and opening of the mobile phone, B would play the role of managing the total amount of funds and disposal of the mobile phone, Defendant A would play the role of receiving the cell phone management and the mobile phone, and D would play the role of inducing the customer to trade and open the cell phone, as if they were paid a large amount of subsidy through tele-market.
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