A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant entered into a so-called “dur contract” with the victim E who operates a mobile phone distribution company “D” with the trade name of “C” in Daejeon Dong-gu, Daejeon, and the victim E and the victim who received the mobile phone from the victim and opened the mobile phone and sold the mobile phone to consumers, and then receive certain fees.

However, the defendant has a personal obligation of about KRW 10 million, and there was no other income, and it was thought that he sold it to a seller of a used mobile phone without opening the cell phone received as a victim.

The Defendant, from July 13, 2015 to September 24, 2015, received a total of 28,652,800 won as stated in the annexed crime list from the victim to September 24, 2015, and acquired it by deceit.

Around December 31, 2015, the Defendant posted a notice on “gallon S2 mobile phone sales” on the Internet FG car page, stating that he/she would sell the said mobile phone at KRW 23,000 on the same day, and received KRW 23,00 from the victim H who reported and contacted the fact that he/she would sell the said mobile phone at KRW 23,00.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

"2019 Highest 2952"

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report (the current status of terminal devices distributed to A) 2019 high-level 3117;

1. Defendant's legal statement;

1. A H statement;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. There are favorable circumstances among concurrent crimes, such as the fact that the defendant is against the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the agreement with the victim H, but the defendant has reached an agreement.