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

Punishment of the crime

On October 2017, the defendant and B came to use the cell phone in living expenses, etc. after opening the cell phone in another person's name and receiving it.

On October 22, 2017, the Defendant introduced D(W, 19 years of age) to the victim from C, a branch of the land around October 22, 2017. On October 23, 2017, the Defendant met the victim at the Fran shop located in E at G, a time of luminous, and the victim “I wish to open a cell phone due to any dispute between the parties and two cellular phones.”

The mobile phone price and service fee are to be paid well.

“ Cruel” was harsh.

그러나 사실 피고인은 피해자 명의로 개통한 휴대전화를 건네받으면 이를 중고로 판매하려 하였고 그 단 말기 대금 및 이용요금을 납부할 의사나 능력이 없었으며, 피해자와 사귈 생각도 없었다.

Nevertheless, the Defendant: (a) informed the victim of his deception and informed the victim of his deception on October 23, 2017 to October 25, 2017; and (b) delivered the Samsung Gallon of an amount equivalent to KRW 1,254,00,00 in the market price opened in the name of the victim at the mobile phone agent located in the Magdong-dong-dong-si around 1,254,00; and (c) delivered the Samsung Gallon of an amount of KRW 1,262,80 in the market price to KRW 1,00,000 in the Samsung G G G, and around that time, transferred the above smartphone 2 points to B; and (d) B used the above smartphone to pay the victim a small amount of KRW 520,000,000 and sold the said smartphone 2 points to the non-party name.

Accordingly, the Defendant, in collusion with B, received two smartphones equivalent to the total market value of KRW 2,516,800, and acquired a total of KRW 520,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Payment receipts, sales slips, details of claim for user fees, each application for admission, a statement of reasons for termination in the course of improper termination, a written confirmation of admission, and the application of each receipt statute;

1. Relevant provisions of the Act concerning facts constituting an offense;