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Defendants shall be punished by imprisonment for four months.
However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendants, who committed the joint crime, conspired to open a cellular phone against university students and to receive the delivery of the cell phone.
At around 13:00 on January 15, 2015, the Defendants made a false statement to the victim F as “E” in the mobile phone agency located in Cheongju-si, U.S., stating that “No damage is inflicted due to the fact that the Defendants would be able to pay the victim F with two mobile phones with the 64 Gaphones in the beginning of the Gaphone 64 mobile phone at the unit price of the mobile phone, and pay the telecommunications fee, the instrument installment, etc. at the company located in Daejeon with respect to the opened mobile phone, and pay the installments, etc. in full after three months.”
However, the Defendants only intended to receive a mobile phone from the injured party and sell it to the mobile phone business operator, and there was no intention or ability to pay the telecommunications fee and the installment of the devices that the injured party opened.
The Defendants: (a) deceiving the victim as such; (b) obtained the delivery of 664 mobile phones of 2,130,000 won in total from the victim’s name, namely, the market price opened from the victim’s seat to the victim; and (c) obtained the delivery of 2 mobile phones from the victim.
The Defendants conspired to commit these crimes from February 9, 2015, and acquired it by obtaining 1,3590,000 won mobile phone 15,000 won in total from the victims on seven occasions, such as the case No. 1 to No. 7 of the List of Crimes.
2. On February 13, 2015, Defendant A’s sole criminal defendant made a false statement to the victim G that “No damage is inflicted since he/she would pay two cellular phone units to the victim G in proportion to the unit price of the cellular phone in which he/she opened two cell phoness, paid telecommunications fees, installment payments, etc. at the company in Daejeon with respect to the general cell phone, and paid in full the installments after three months.”
However, the defendant has received cellular phone from the injured party.