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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2019 Highest 7594"
1. On August 10, 2018, the Defendant made a false statement to the victim C, saying, “On the face of a week, by opening a cell phone in the name of four, the Defendant may sell to a middle and high-ranking dealer, who can sell to him/her and reduce KRW 1,500,000 per unit.”
However, in fact, the defendant had the victim open a mobile phone, had the victim think that he would gain profit by selling it to a third party, and there was no intention or ability to deliver the sales proceeds of the mobile phone to the victim.
On the same day, the Defendant had the victim open a opphone X (F) mobile phone in the name of the victim in the name of the non-agency located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, the same day, and had H agency located in G 1st floor open a opphone X (I) of the market price equivalent to KRW 1,557,600 in the name of the victim, and sold it to a third party after receiving two mobile phones from the victim.
In this way, the Defendant, as above, by deceiving the victim, obtained two cell phoness of a mobile phone amounting to KRW 3,115,200 from the victim and fraudulently acquired them.
2. On October 16, 2018, the Defendant and J made a false statement to the victim K that “after opening a cell phone in the four names within a week, the Defendant and J may sell to the middle and high-ranking trader, who will be 1.5 million won per 1,50,000 won per sell.”
However, in fact, the defendant and the J had the victim open a cell phone through the opening of the cell phone, thought to acquire profits by selling it to a third party, and there was no intention or ability to deliver the mobile phone sales proceeds to the victim.
The Defendant and J have the victim open a gallon (M) mobile phone (M) in the name of the victim at an insular E agency located in Seo-gu L in Seo-gu, Seo-gu, Incheon on the same day. On the same day, the Defendant and J have the victim open a gallon (M) mobile phone (M) in the name of the victim, and the market price of KRW 1,458,540 in the name of the victim at an insular agency located in N in the same day.