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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 1, 2016, the Defendant entered into a contract for the operation of a direct mobile phone store and the entrustment of business with a bank operating a mobile phone directly. From around that time to May 27, 2017, the Defendant is a person who engages in mobile phone sales business with the name of “E” under the name of “E” in the light-si C and 1st floor D from that time.

On December 12, 2016, the Defendant made a false statement to the victim F, a customer who opened the mobile phone prior to the opening of the mobile phone, stating that “When returning the opened mobile phone, he/she would make payment on behalf of the new mobile phone instead of the new mobile phone,” and “a new mobile phone device installment shall be discounted, and the previous mobile phone device installment shall be paid instead of the previous mobile phone installment.”

However, even if the defendant returned the existing mobile phone from the victim and paid the new mobile phone, he did not have the intention or ability to discount the installment of the new mobile phone, and there was no intention or ability to substitute the installment of the existing mobile phone.

The Defendant received one cellphone 7 (128G) from the victim on the same day, and disposed of it to the mobile phone dealer, and the Defendant received 18 cell phoness from the victims in total 18 times from around that time to April 27, 2017 and disposed of it.

Accordingly, the defendant deceivings victims to take the property by deceiving them.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement G in the fourth police interrogation protocol against the accused;

1. Each police statement concerning G;

1. Application of each statute on filing of a complaint;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that there is no criminal record against the defendant, and that there are many victims.