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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Criminal facts
The Defendant: (a) received a proposal from “D” (the name of E and 30 medium male) to open a mobile phone via a mobile phone in the name of a limited partnership company, etc., and received a proposal to acquire the mobile phone by means of the discontinuance of a corporation by paying the cost of installment, etc. for one to two months; and (b) conspired to acquire the mobile phone of the victimized company through F, an auxiliary employee of the Victim KSS (hereinafter “victim”) that was known to the general public, by means of the discontinuance of a mobile phone.
On January 2012, the Defendant sent documents necessary for opening a mobile phone, such as a copy of the company H’s business registration certificate, representative I resident registration certificate, at the Defendant’s house located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, 1505, and then sent a copy of the F’s business registration certificate to the effect that “I normally open a mobile phone with a mobile device, but I would like to normally open the mobile phone.” The Defendant sent a copy of the F’s business registration certificate to the effect that “I would normally open the mobile phone with a mobile device in the name of the corporation.”
On January 20, 2012, the Defendant: (a) opened 15 handphones (Aphone 4S 64) in the name of a limited partnership H company by making the F enter into the name of the Defendant, accompanied by documents necessary for opening and ordering the employees of the opening team of the victimized company to request the opening of the session; and (b) obtained delivery from the employees of the delivery team of the victimized company from the time of receiving delivery on or around January 20, 2012; and (c) received 480 cell phoness over 20 times from March 9, 2012 in the same manner, as shown in the list of crimes.
As a result, the Defendant, in collusion with D, deceiving the victimized company, and acquired 480 mobile phones equivalent to the sum of 517,440,000 won from the victimized company by obtaining a delivery of 480 mobile phones.
Summary of Evidence
1. Statement made by the prosecution with respect to the F;
1. Statement to the police officer of J;
1. Entry of business registration certificate, representative identification card, etc., application for admission, etc.;
1. Handphones 480.