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Defendant
A shall be punished by imprisonment with prison labor for one year.
Defendant
B A person shall be punished by imprisonment for not more than ten months.
However, from the final date of this judgment.
Reasons
Punishment of the crime
Defendant
A On January 8, 2014, the Busan District Court was sentenced to one year of embezzlement and two years of suspended execution, and the above judgment became final and conclusive on January 16, 2014.
In around the end of 2012, the Defendants opened a mobile phone agency formally with D, and opened a mobile phone by stealing another person's name, received allowance for attracting customers from a mobile phone operator, and disposed of the mobile phone with a false identity to the 'telphone' business operator, and shared the profits.
In addition, Defendant B registered business operators, entered into an agency contract and a store lease contract under its own name, and Defendant A was in charge of actual business such as opening and disposing of mobile phones, and Defendant D shared their roles such as raising investment funds.
1. Around January 2013, the Defendants entered into a contract for the establishment of a mobile device with G and an agency, a victim corporation, in the “F” office operated by the Defendants on the Busan Young-gu E1st floor, while engaging in the normal business after receiving a mobile phone device from the mobile communications company and paying the price of the mobile device as if the mobile device were supplied.
However, in fact, even if the Defendants were to be supplied with the mobile phone from the victim on credit, they did not have an intention to normally operate and sell the mobile phone, and they did not have any intention to pay the credit amount of the device delivered by the victim because they did not have any intention or ability to pay the credit amount of the device because they had been thought that the agent would cease to discontinue the business.
The Defendants conspired with D in collusion, and received 200 mobile phone terminals totaling of 175,592,00 won (on the basis of departure price) from January 2013 to April 9, 2013 from the victim by deceiving the victim as above, and from which they belong, the Defendants were issued 175,592,00 won in total.
2. The defendant A related to the sales commission is above the defendant B and D.