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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
“B” and “C” open a mobile phone under the name of a person who has no intention to actually use the mobile phone, and then dispose of the opened mobile phone immediately and in order to divide the profits therefrom. B recruited people who are to become the nominal owner, and C took the driving of a mobile phone up to the place where the nominal owner is located in Daegu-gu D into “E”, and the Defendant submitted documents submitted by the nominal owner to a telecommunications company and shared the role to dispose of the mobile phone.
1. B, C, and the Defendant’s co-offender B, around 18:00 on September 12, 2016, reported that women-friendly F was only a G that was an assaulted against her in the past in Ulsan-gu, Ulsan-do, where the fine was imposed, and attempted to open a cell phone in the name of G and dispose of the G, with the intention to open the cell phone in the name of G, and moved to “E” on the vehicle driven by Defendant C.
B At the same time, “10,000 won per cash per cell phone via a mobile phone,” stating that “The mobile phone charge and penalty shall be 100,000 won per cell phone, she shall be able to know about theme to be set up by us.” As if he actually used a mobile phone with the cost and charge for the mobile phone, G shall prepare a document to open the mobile phone as if he actually used the mobile phone and submit it to H, which is the victim.
However, in fact, the defendant, B, and C opened a mobile phone in the name of G and sold it, and divided the disposal benefits thereof, but did not think that G was the nominal owner of the mobile phone, and did not have the intention or ability to pay the cost of the mobile phone, and G did not actually have the intention to use the mobile phone.
The Defendant, B, and C, as such, deceiving the victim and let the victim in this context open three mobile phones equivalent to the total market value of KRW 2,922,90,00, and the Defendant.