Defendant

A, C, and D shall be punished by imprisonment for six months, and by a fine for negligence of 2,00,000 won, respectively.

Defendant

B above.

Punishment of the crime

[criminal history] On October 18, 2016, Defendant A was sentenced to imprisonment with prison labor for one year and six months and fine of five million won for fraud, etc. in the Daegu District Court’s Ansan Branch branch on October 18, 2016. On October 27, 2017, Defendant A completed the execution of the sentence.

[Criminal facts]

1. The Defendant reported an advertisement of purchase of a mobile phone, i.e., “any person who is able to delay the payment of his/her mobile phone,” on the Internet-based bulletin board, and contacted C and D with whom he/she posted the advertisement, and C and D intend to purchase a number of mobile phones at one time with cash of 450,000 won per mobile phone.

In order to open several cell phones by deceiving communications companies without intention to use defects, cell phones normally and pay fees, and selling them to C and D.

A. On March 2, 2018, the Defendant told H agencies located in G store F in Daegu-gu, Daegu-gu, to the effect that “The Defendant would use the Handphone once and thus make a new dog to I as it does not fit this,” the Defendant stated to the effect that “The Defendant would use the handphone once.”

However, even if the defendant opens a mobile phone, the defendant did not have the intention or ability to pay the device cost and the mobile phone fee, and the defendant was thought to sell the mobile phone with public machinery.

As above, the Defendant deceivings the employees of the victimized person, and received delivery of 80,000,000 won or more of Samsung Tgalle (J) at the market price from the injured person.

B. On March 3, 2018, the Defendant told M, the head of L directly located in Daegu Jung-gu, Daegu, that “A Dong is using a Handphone in his father’s name, and is trying to open a smartphone in his/her own name.”

However, even if the defendant opens a mobile phone, he did not have the intention or ability to pay the device cost and the mobile phone fee, and he was thought to sell the mobile phone with public machinery.