사기
Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On November 2014, the Defendant made a false statement to the effect that “The Defendant would pay all of the mobile phone installments and the mobile phone charges to the victim C by opening a mobile phone in the name of the width,” at the Defendant’s house located in Busan Dongdong-gu B B heading 3.
However, there is no intention or ability to pay a short term installment or a mobile phone fee even if the defendant had a personal debt of 40 million won and there is no particular property or income so that the victim can open and use a mobile phone.
On November 2014, the Defendant had the victim open the two mobile phones in the name of the victim at the 'E' agency in front of the Geum-gu, Busan at the end of November, 2014, and had the victim use the above mobile phone from August 26, 2015 to impose on the victim a mobile phone fee of KRW 3,824,200.
Accordingly, the defendant, by deceiving the victim, acquired the same amount of property benefits.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to C
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;