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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2015 Highest 1390"
1. Around the beginning of April 2014, the Defendant entered into a contract on the consignment sale of mobile phones with the victim D, who operates a mobile phone sales agency at the F Information and Communications Office located in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul, for the purpose of “the change of KRW 13-1.50,000 per cell phone to which mobile phone customers are invited to attract mobile phone customers.”
In the end of April, 2014, the Defendant was unable to provide monthly pay to employees because of economic difficulties. In fact, the Defendant entered personal information of the victim’s agency in connection with the victim’s agency computer system, and had the victim deliver the cell phone to the customer at his/her own choice, and had the customer resell the vehicle at his/her own discretion upon receiving the return from the customer.
Therefore, the Defendant, at around April 30, 2014, connected to the victim’s agency computer system at the above F Information and Communications Office, entered the false mobile phone at the victim’s agency, as if G purchased the said mobile phone at the victim’s agency, and had the victim deliver the said mobile phone at his/her home to G and received the said mobile phone return from G. From May 12, 2014, as shown in the list of crimes in the attached Table, he/she received the mobile phone worth KRW 12,136,300 in total from 12 times until May 12, 2014, through customers who falsely entered the victim’s computer system.
2. On August 19, 2014, the Defendant made a false statement to the effect that “If G3 mobile phones are opened, the Defendant would request the victim to change the 5 mobile phone already used, and compensate for KRW 550,000 in cash by selling it.”
In fact, the defendant is economically difficult to do so at the time.