사기
Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, he shall be 100.
Punishment of the crime
On May 2014, the Defendant became aware of B (88years) who filed a complaint through online games.
1) On November 26, 2014, the Defendant, via the Kakao Kakao Stockholm, would pay the complainant a full payment later on the need of living.
“...”
However, the facts did not have the intention or ability to repay the money even if the complainant borrowed money from the complainant.
Nevertheless, the Defendant received 20,000 won from the complainant to the Saemaul Treasury Account (C) in the name of the Defendant for living expenses on the same day, and received 23,92,109 won in total from 39 times until February 28, 2016, as shown in the list of crimes in attached Form.
In this respect, the defendant deceivings the complainant, thereby acquiring pecuniary benefits.
2) On December 23, 2015, the Defendant: (a) around December 23, 2015, through the Kakakao Stockholm, the Defendant was unable to open the phone in his name because of the lack of the Handphone; and (b) so, the Defendant would pay the Hand phone price and the fee for the use of the cellphone.
“...”
However, even if the Handphone, which was opened in the name of the complainant, was delivered, there was no intention or ability to pay the Handphone price and the user fee.
Nevertheless, the Defendant acquired the pecuniary benefits of KRW 1,161,650 in total by allowing the complainant to open a short term of KRW 99,90,000 for a cellphone 6S Handphone (D) and not paying the Hand phone fee after receiving the delivery.
In this respect, the defendant deceivings the complainant, thereby acquiring pecuniary benefits.
3) On January 22, 2016, the Defendant stated, through the Kakao Stockholm, that “First, the Defendant said that the Handphone, which opened via the Kakao Stockholm, will be able to do so with the mind of the weather, and then, would be able to pay the cost of the Handphone device and the cost of using the Handphone which opened the Handphone, if the Handphone was opened in the middle.”