"2016 Highest 2277"

1. On March 9, 2016, the Defendant: (a) while drinking alcohol while drinking alcohol together with his/her daily alcohol, became insufficient to pay the alcohol; (b) the Defendant lent his/her mobile phone to another person; and (c) had the other person receive money from his/her mobile phone; and (d) had the other person receive money from his/her liquor by selling his/her mobile phone.

At around 02:30 on March 9, 2016, the Defendant received a mobile phone from the victim by stating to the effect that “A, while drinking alcohol in D” located in the place of Gyeonggi-si, Gyeonggi-si, the Defendant, “I want to use the alcohol value by phone to a child,” and “I want to lend a mobile phone, I want to return it,” and then cut off with the victim’s mobile phone.

2. On March 16, 2016, around 17:00 on March 16, 2016, the Defendant made a false statement to the victim H that “The Defendant would withdraw money from the bank to pay for the cosmetic surgery, on the ground that he would have paid the price for the cosmetic surgery at the 3rd floor of the “G Gao-gu, Seoul” Gao-gu, Gyeonggi-si, under the presumption that he would pay the price for the cosmetic surgery.”

However, the above facts did not have the intent or ability to pay the price.

Nevertheless, the Defendant, by deceiving the victim as above, received cosmetic surgery equivalent to 204,000 won at the market price from the victim, and acquired pecuniary benefits equivalent to the above amount.

3. On May 5, 2016, the Defendant committed fraud: (a) on May 5, 2016, on the premise that he/she would pay the price for the cosmetic surgery in the cosmetic room located in Gwangju Northern-gu I, Gwangju, the Defendant made a false statement to the victim K that “I would do so by transferring the price for the cosmetic surgery to account transfer.”

However, the above facts did not have the intent or ability to pay the price.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim a beauty art surgery equivalent to the market price of KRW 53,00,000, and acquired pecuniary benefits equivalent to the above amount.