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Defendant shall be punished by imprisonment for a term of one year and eight months.
The defendant shall receive 450,000 won, respectively, from the applicant D and E.
Reasons
Punishment of the crime
[2] From November 2015 to November 2015, the Defendant, through fraud, operated a mobile phone sales store (hereinafter “Defendant store”) under the name of “G” from the Busan East-gu’s “G” (hereinafter “Defendant store”) and operated a mobile phone sales business through the Internet and mobile phone display system, such as “I” on the H’s website that can sell the mobile phone.
From September 1, 2016 to October 201 of the same year, the Defendant, at the above H site, attempted to acquire profits by means of not paying a white paper to customers even if he/she received sales incentives based on the opening performance from the telecommunications company, even if he/she purchased Samsung Ggal ju (S7) and maintained the agreed rate system for a certain period, he/she received a return of an amount equivalent to 30 to 50 million won according to the mobile phone type and charge system from the end of the following month after opening the mobile phone.
Accordingly, around September 13, 2016, the Defendant opened a mobile phone sales advertisement to the customer who purchases a mobile phone with the title “J”, and said, the Defendant concluded that 450,000 won would be paid in the paint by October 31, 2016 to the victim K who seeks to purchase a mobile phone with the said advertisement as a condition for the number transfer to the information and communications services operated by Samsung Y (SK) Telecom Co., Ltd. (hereinafter “SK Telecom”).
However, the Defendant, at the time of racing, placed approximately KRW 130 million on female-friendly L, and approximately KRW 25 million on three villages, advertising expenses, and approximately KRW 40 million on advertisement expenses, in relation to the Al-Terrain STV business, operated by the Defendant at the time. The Defendant was placed in a position to pay approximately KRW 130 million to 30 million on female-friendly L, and the victim K opened.