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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
The Defendant is a person who operates a mutually called “C” mobile phone sales store in Dongdaemun-gu Seoul, and D is a person who opens a mobile phone in his own name from the aforementioned mobile phone sales store through the Defendant.
D Around March 2016, while living on a street, the Defendant: (a) visited the above “C” operated by the Defendant, and (b) opened a mobile phone in the name of D without the intention or ability to normally pay the mobile phone price; (c) received TV, a product combining a mobile phone, and disposed of it, and divided the price.
Around March 7, 2016, the Defendant, in collusion with D, prepared a mobile phone use agreement with D to the effect that the type of mobile phone in the name of D is “galgno No. 5”, “galgno 5”, “a combination of 43 persons”, “a 36-month period”, and “64,844 won”, and “a 64,844 won”, and then sent the said service agreement to E to the victimized Company Company E, as if D would normally pay the price while using the said mobile phone and TV, and then deceiving the victimized Company’s employees as if D would normally pay the price. Around March 28, 2019, the Defendant acquired a galgnono 5 mobile phone delivery from the employees of the victimized Company at the market price of KRW 899,800,00 from the Eunpyeong-gu Seoul Metropolitan Government on April 27, 2019.
Summary of Evidence
1. Partial statement of the defendant;
1. Each prosecutor's interrogation protocol concerning D;
1. A written statement of the G production;
1. A written statement of the G production;
1. Written complaint in preparation of the Dispute Resolution E;
1. Investigation report (related to hearing of statements from the other party to the complaint agent G);
1. A investigation report (related to money remitted by a suspect A to suspect D) and specification of transactions attached thereto;
1. A criminal investigation report (related to attachment of an application, such as a cellular phone in which a suspectD has joined) and an application for subscription to a cellular phone or wire phone attached thereto, has recruited D and fraud;