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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
K and other mobile phone opening documents (hereinafter referred to as "TM company") operators obtained a small amount of loan using a mobile phone from the Defendant and L to M, as if they were in possession of a mobile phone, and M in receipt of the documents was solicited to open the mobile phone and sell it through the Defendant.
1. On July 13, 2012, the other party fraud accused against the mobile phone owner: (a) from “O”, which is a mobile phone agent located in Daegu-gu N, Daegu-gu, the mobile phone owner, the Defendant sent documents necessary for the TM enterprise operator K to M along with L, such as the victim P’s identity card collected by K in the above manner; (b) M opened two cell phoness of the mobile phone amounting to KRW 198,800, market price in the victim P name; and (c) the Defendant sold the same to the mobile phone dealer and sold it to the Defendant.
As above, the Defendant: (a) conspired with TM company operators K, L, and M in consecutive order; (b) deceiving the victim P; and (c) obtained property benefits by inducing the victim P to pay the mobile phone price in lieu of the mobile phone price in the name of the victim P; and (d) opened a total of 39 mobile phones in the name of the victim from July 31, 2012 to July 31, 2012, the Defendant acquired property benefits by allowing the victims to pay a total of 39 mobile phones in the name of 28 victims, as shown in the list of crimes in the attached Table.
2.In the mobile telecommunications company mobilely committing LGU counterpart fraud, the mobile telecommunications company shall provide the agency with a single number of 00,000 won per unit in return for opening if the mobile phone is opened at the agency, shall set a certain opening goal and shall provide an additional subsidy if the agency fails to meet the required quantity, and the agency shall provide such rebates at a sales store under the consignment contract.
The defendant 1. Paragraph 1. of the above mobile communications company's policy.