However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

[2018 Highest 4019]

1. On April 10, 2017, the fraud Defendant made a false statement to the victim D at the C store located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, stating that “at least one cost is insufficient to open three cell phoness a day for performance. If the mobile phone is opened in only one unit, and the mobile phone is closed later, the Defendant would pay both the installment of the device and the charges for the use of the device.”

However, in fact, since around 2013, the Defendant did not pay approximately KRW 8 million of mobile phone charges and did not pay approximately KRW 10 million of charges for the use of the mobile phone opened in another person’s name such as E and F from 2015, and was preparing personal rehabilitation, the Defendant did not have the intention or ability to pay the charges normally even if he opened and used the mobile phone in the name of the victim.

Nevertheless, around April 10, 2017, the Defendant: (a) by deceiving the victim; and (b) obtained from the victim, the Defendant acquired the pecuniary benefits equivalent to the same amount by failing to pay a total of KRW 399,800,00, while using the mobile phone from September 14, 2017, even if he/she was using the mobile phone from around September 14, 2017.

Accordingly, the defendant, by deceiving the victim, received property and acquired property benefits.

2. 컴퓨터 등 사용 사기 피고인은 2017. 4. 11. 15:52경 불상의 장소에서 제1항 기재와 같이 휴대전화를 개통할 당시 피해자가 소액결제를 할 수 없도록 차단을 하였음에도 피해자의 통합계정 아이디와 주민번호를 이용하여 소액결제 차단을 풀고, 위 휴대전화로 ‘H’ 어플리케이션에 접속하여 ‘내 맘대로 모듬떡케익 3호 외 1개’ 상품에 100,000원을 소액 결제한 것을 비롯하여, 그때부터 2017. 7. 3. 12:01경까지 별지 범죄일람표1 기재와 같이 총 29차례에 걸쳐 합계 825,170원 상당의 상품을 소액...