A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The Defendant, from July 2013 to March 2015, operated a mobile phone sales store with the trade name of “D” in the business territory of the Young-gu Busan Metropolitan City from July 2013 to March 2015, and during the said period, the Defendant sold and opened the victim’s mobile phone sales contract with “BD” operated by the victim BC and received fees from the victim.

1. Around June 2014, the Defendant: (a) stated that “BE, who was an employee of the said D shop, will open a mobile phone to customers in Korea and in Korea,” at the said D store.

The Defendant immediately received 8,14,00 won or more from the above BE, and received 8,769,100 won or more of the market price from around that time to January 8, 2015, 8 mobile phone devices in the aggregate of 6,769,100 won or more, as indicated in the separate crime list, from around that time.

However, at the time, even if the defendant received the aforementioned mobile phone devices from the above BE, he did not have any intention or ability to open the mobile phone devices to customers normally.

As a result, the defendant was delivered property from the victim by deceiving the above BE.

2. On August 8, 2014, the Defendant submitted a new service contract, etc. prepared in the name of BF at the said D store to the said BE, and discussed to the effect that “The Defendant opened a mobile phone in the name of BF, which differs from the opening fees.”

The Defendant received 350,000 won under the pretext of opening fees from the above BE on the same day, and received 2,080,000 won in total of the opening fees from around that time to January 8, 2015 as shown in the separate crime list from around that time.

However, at the time of fact.