[Defendant A] Defendant A shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, 100,000.

Punishment of the crime

[criminal power] Defendant B was sentenced to one year and four months of imprisonment with prison labor at the Seoul East Eastern District Court on April 27, 2018, and the judgment became final and conclusive on July 9, 2018. On February 19, 2019, Defendant B was sentenced to two years of imprisonment with prison labor for special assault in the Sungnam Branch of the Suwon District Court, and the judgment became final and conclusive on July 23, 2019.

【Criminal Facts】

On March 3, 2017, the Defendants: (a) caused Defendant A to open a cell phone to the victim C; and (b) transferred the above cell phone to Defendant B, Defendant B sold the above cell phone and conspired to divide the profits therefrom.

Defendant

On March 3, 2017, A made a false statement to the victim “E” mobile phone agency located in Suwon-si, Suwon-si, that “I will open a cell phone, give 100,000 won per week, and make an installment after paying the telecommunications fee and the device for six months.”

However, even if the defendants open a mobile phone in the name of the victim, they did not have the intention or ability to pay the telecommunication fee and the installment of the terminal, etc. imposed on the victim because they think that they will sell the mobile phone and use it as business funds

Nevertheless, the Defendants: (a) by deceiving the victim; (b) caused the victim to open four mobile phones from March 6, 2017 to March 6, 2017; and (c) obtained four mobile phones equivalent to KRW 4,458,300 from the victim to the victim, and acquired the four mobile phones equivalent to KRW 4,458,30.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. C’s legal statement;

1. The witness B’s legal statement (as to the defendant A)

1. A new contract on a mobile phone, a written request for unpaid details on a mobile phone, or a certificate of deposit transaction;

1. A report on investigation (specific amount of damage);

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to each dispositions, previous convictions, results reporting (B), and criminal records, etc. inquiry reports;

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 (General Control) of the Criminal Act;

1. Selection of penalty;