The judgment of the court below is reversed.

The defendant shall be innocent.

1. The decision of the court below on the summary of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. Ex officio determination

A. On November 17, 2014, the Defendant entered a mobile phone subscription application and registered as if the said customer applied for a mobile phone subscription and made a normal installment payment on the SK Telecom Computer Network (T-KY) with the price of 957,000 won at which the market price was entrusted with sales by Seo-gu Communications Co., Ltd. by the victim Co., Ltd. (hereinafter referred to as “C”) was 957,000 won.

However, the defendant will return the device price that was paid in a lump sum to the above customer and make installment payments to the customer.

There was no fact that the defendant had sold the end money from the above customers in a normal way with a cash delivery in advance, and it was an application for opening of a mobile phone to the victim for the purpose of concealing the fact that the defendant acquired the price of the mobile phone from the above customers by obtaining permission from the victim through opening the mobile phone and delivered it to the above customer.

Nevertheless, the defendant deceiving the victim as above and allowed the opening of the above mobile phone from the injured party on the same day, and exempted the payment of the above mobile phone price, thereby acquiring property benefits equivalent to the price of the mobile phone.

In addition, the Defendant acquired a total amount of KRW 80,139,400 from March 20, 2015, in the same manner as indicated in the list of crimes in attached Form 83 times during the period of around March 20, 2015.

B. 1) The prosecutor considers that the defendant would return the mobile phone price paid in a lump sum after the opening of the mobile phone to the customers, and would not make installment payments.