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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At the "C" mobile phone sales store operated by the Defendant of the second floor of Busan Jin-gu, the Defendant intended to post an advertisement "emergency fund resolution, cash needs, maximum cash payment, day payment, comparative payment, individual 1-6 installments, C Determination Points, and EF" on the advertisement column of information on newspaper products in Busan-gu, 200, to recruit people in need of urgency, and to open a mobile phone in the name of the person who opened the mobile phone in the name of the person who opened the mobile phone and provide funds by receiving sales incentives and mobile phone from the radio operator, and to use the so-called "port-based mobile phone loan fraud (exclusive cell phone : tin)".
1. On May 17, 2017, at the above “C” office, the Defendant offered that “to pay the amount of money equal to the number of telephone calls opened,” to G who reported the above advertisement by the Defendant,” and received the proposal from G, the Defendant applied for the purchase of a mobile communications service to the Victim H Co., Ltd., Ltd., and received one mobile phone from the victim, one of which is equivalent to KRW 1,152,800 in the market price.
However, in fact, even if the victim opened his/her mobile phone and takes place, the defendant thought that he/she would take profits by lending funds to G, who is the general titleholder, and disposing of the opened mobile phone to a middle and high-ranking trader, and there was no intention to allow G, who is the nominal titleholder, to use the mobile phone.
Nevertheless, the Defendant was issued 49 mobile phones equivalent to the total market price of KRW 55,117,700 in total 49 times from around that time to July 7, 2017, including the fact that G had done as if G would normally use the telecommunication service, applied for opening of the cell phone from the victim, and received one set of the above Aphone 7 mobile phone from the victim.
Accordingly, the defendant was provided property by deceiving the victims.
2. A mobile communications terminal device by a person who violates the Telecommunications Business Act shall be a condition to provide or lend funds;