Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

C From January 201 to June 201, 201, a person who operated a mobile phone sales store in the name of "E" in the name of "E" from Sungwon-si, Sungwon-si, Sungwon-si from January 201, and the Defendant is an employee of the said sales store during the same period.

The above sales store was supplied with the mobile phone set by F, the victim F, the mobile phone agent, and was operated in the structure of raising profits by receiving allowances set as above from the damaged party when selling the above mobile phone to customers. The defendant and C conspired to sell the mobile phone to customers and receive the above allowances from the damaged party on the condition that they did not have the intent or ability to substitute the value of the mobile phone machinery of the customers.

Around January 18, 2011, the Defendant and C made a false statement to the effect that “I will pay the mechanical value when purchasing a mobile phone” to G who visited the above sales store to purchase a mobile phone.

However, in fact, the defendant and C knew that most of the allowances that they received from the injured party should be used as a machine price in order to pay the prices of mobile phone machines to the customers, and that even if they were paid allowances from the injured party, they would have been consumed for the sales store operating expenses and their personal purposes, so there was no intention or ability to receive allowances from the injured party by selling the mobile phone normally.

Nevertheless, the Defendant and C, as well as selling SCH-B900, a mobile phone amounting to 2.40,000 won of the market price to G, sold the mobile phone over 46 times from around that time to June 1, 201, and claimed allowances from the victim as if they sold the mobile phone normally.