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(영문) 수원지방법원 여주지원 2015.11.27 2015고단772
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 13, 2014, the Defendant was sentenced to three years of imprisonment with prison labor at the Incheon District Court for the crime of conflict, etc., and the said judgment was finalized on January 16, 2015.

【Criminal Facts】

The Defendant, together with C, was operating a cell phone sales store with the trade name “F” from around July 13, 2013 to 103 of the building located in Songpa-gu Seoul, Songpa-gu, Seoul and from around August 19, 2013 and from around August 19, 2013, the Defendant operated a cell phone sales store with “F” as “F”.

1. Around July 13, 2013, the Defendant and C entered into a contract on consignment of sales of mobile phones with the content of attracting victims, ELPer Co., Ltd. and subscribers of mobile communications services, and sales of devices and ancillary goods at the office of mobile phone sales in Songpa-gu Seoul Metropolitan Government D and 103, and the same year.

7. Around 16. Around 19.16. Around the above mobile phone sales office, the company was entrusted with the sale of 29 smartphone terminal devices equivalent to KRW 27,176,600 on the list of crimes listed in the annexed list of crimes owned by the victim company, and the company was embezzled by borrowing KRW 10,40,000 from the Hebane located in Yongsan-gu Seoul Metropolitan City G on the same day and providing 29 smartphone terminal devices as security.

2. Around July 13, 2013, the Defendant entered into an agreement with C to the effect that “A mobile phone sales office of the aforementioned FF mobile phone sales store will sell a mobile phone in a normal way under a sales consignment agreement and receive fees on the condition that a user of the telecommunications service will be invited.”

However, the fact is that the victim company, while running the tele-market business, promised to provide 30,000 won of the monthly subsidy to customers who open the mobile phone and operated the business in violation of the contract by opening the mobile phone. However, it is true that the victim company had operated the mobile phone normally and opened the mobile phone and opened the mobile phone service.

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