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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
From May 2013, the Defendant has operated a mobile phone sales store with the trade name “D” in Daejeon Jung-gu.
At the time, the mobile network operator grants the mobile phone purchase subsidy to the customers who open the mobile phone 45 days after opening the mobile phone, and at the sales store, the amount equivalent to 10% of the subsidy was deducted from the customers who want to receive the subsidy in advance, and then the subsidy was paid from the mobile network operator.
As the Defendant could bring profits to the victim E in such a way, the Defendant intended to make an investment in advance to the customers, and the victim who consented to it from May 2013 to September 2013 has received the principal and interest of the investment from the Defendant in the following month.
However, at the time of around September 2013, the Defendant was thought to use part of the money invested by the victim for personal purposes, as a place where funds, such as living expenses, etc., are needed in a large amount of personal debt, and that some of the money was used for personal purposes, and used for repayment of the existing principal and interest of investment to the victim. As such, as if he opened a cell phone more than the actual ones, he was thought to receive more investment money, and thus, even if he received the investment money from the victim, he did not have the intent or ability to use it for normal purposes pursuant to the agreement and pay the principal and interest of investment to the victim properly.
Nevertheless, the Defendant, as seen above, deceiving the victim, and thereby deceiving him/her to make an advance investment in the subsidies to purchase mobile phones from him/her, shall be KRW 9,456,00 on October 14, 2013; KRW 9,456,00 on November 4, 2013; KRW 17,564,00 on November 17, 2013; KRW 14,459,00 on December 9, 2013; KRW 17,357,00 on January 6, 2014; and KRW 17,357,00 on January 20, 2014; and KRW 10 on January 20, 2014.