Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

On April 30, 2015, the Defendant sent a copy of the resident registration certificate to the injured party by facsimile, and opened one cell phone in the name of the injured party under the victim’s name, stating that “D” located in Seogu-gu, Daegu-gu, Daegu-gu, stating that “When lending four names, he/she will give KRW 100,000 per cellular phone, and will open his/her cell phone and terminate it without any delay for three months.”

However, even if the defendant opens a mobile phone by lending the victim's name, he was thought to use the profit as the defendant's store operating expenses, and there was no intention or ability to terminate the mobile phone normally without delay of charges.

Nevertheless, the Defendant deceiving the victim as above and caused the victim to pay the total amount of KRW 1,971,140 from May 2015 to July 2015, and acquired financial profits equivalent to the same amount of money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint filed by E;

1. Application of Acts and subordinate statutes on the opening of a mobile phone, and the written agreement on purchase of the short term;

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;