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A defendant shall be punished by imprisonment for not more than ten months.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
The defendant was engaged in the sale of mobile phones supplied by F from Yongsan-gu Seoul Metropolitan Government E through a consignment contract with C(State).
1. On October 25, 2010, the Defendant, who committed fraud against the mobile phone buyers, told the victim G to express his/her intent to purchase the mobile phone by telephone at the infinite area of Yongsan-gu Seoul Metropolitan Government (Seoul Metropolitan Government), that “When he/she transfers a deposit of 200,000 won on the condition that he/she terminates the existing mobile phone and changes the device into the smartphone, he/she shall return the deposit after six months, and provide the new purchased smartphone subsidy at KRW 34,106 per month.”
However, in fact, the Defendant received the deposit from the victim and planned to use it for the refund of the deposit to other mobile phone buyers, and the mobile phone buyers are prohibited from selling the mobile phone by so-called “Pye-back method,” which is the method that the mobile phone buyers pay the mobile phone price in lieu of the mobile phone price without paying the mobile phone price, so even if selling the mobile phone, there was no intention or ability to return the deposit to the victim or to provide the smartphone subsidy.
Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 200,000 from the victim as the deposit money for the change of equipment from a national bank account (I) in the name of the Defendant’s father H as well as received KRW 19,200,000 in total over 96 times as stated in the attached Table 1 of Crimes List 1.
2. Crimes of fraud against C;
A. On November 6, 2010, the Defendant sold a mobile phone to customers in a painting manner in order to acquire profits, such as sales allowances, even though he/she knew that the fact at the above FF agency was prohibited from selling a mobile phone in a painting manner.