On March 6, 2016, the Defendant made a false statement to the effect that “D” mobile phone sales stores located in Busan Metropolitan City, “The Defendant is responsible for paying the victim E with the responsibility of paying the victim E without being pushed away from the face of the driver’s name so that he/she can open his/her mobile phone and use the mobile phone.”

However, the Defendant continued to use a mobile phone that was opened to the victim’s name after receiving the mobile phone from the victim in the absence of occupation or income source, and continued to use the mobile phone and use it in small payments, and then planned to charge all of them to the victim. The Defendant did not have any intent or ability to pay the cost of the mobile phone. If the Defendant was requested from the victim to return the mobile phone without complying with the aforementioned commitments on the payment of the cost of the mobile phone, then the Defendant continued to use the said mobile phone without complying with the demand for refund, and was scheduled to use it as personal living expenses.

In addition, the defendant did not have any intention or ability to pay the mobile phone use fee, etc. properly because he did not have any property at all.

The Defendant, in its name, had the victim purchase one of S6 mobile phones in his name and deliver it to the Defendant, and had the victim make the victim pay a total of KRW 5,134,475,00, such as the installment cost of the mobile phone devices and the fee for the use of the mobile phone, thereby obtaining pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes of written complaint of E;

1. On October 10, 2014, the period of suspension of execution becomes final and conclusive on the 18th day of the same month, when the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (e.g., deceptive scheme) at the Busan District Court on the grounds of the pertinent law regarding criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, and the sentencing of imprisonment with prison labor.