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Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
Around January 2012, the Defendant, at the “C” located in Sinsan City, had been deducted from monthly wage as a penalty for penalty on the ground that the record of entering the mobile phone was low, and paid an interest corresponding to KRW 300,000 per month on the debt amounting to KRW 10,000,000 which was borne by the second financial right, etc., and the Defendant did not have any intent or ability to pay the said amount normally even if the Defendant opened the mobile phone under the name of the victims.
1. On February 2012, the Defendant against the victim D made a false statement to the effect that “The Defendant would terminate the cell phone and pay the amount of the user fee and the amount of the terminal payment to the victim D who made a personal appearance in a place where the location is unknown.” The Defendant made a false statement to the effect that “The mobile phone is operated and the cell phone is opened in four names due to the actual results.”
However, at the time, the Defendant was working as an employee rather than operating the cell phone store as above, and there was no financial situation such as deducting money from monthly wage as penalty on the ground that the record of entering the cell phone was low, and there was no intention or ability to normally pay the price, etc. even if he entered the cell phone under the victim’s name, since the circumstance where the Defendant spent the interest amounting to KRW 3 million on the debt equivalent to KRW 10 million incurred in the second financial right, etc., and the amount of KRW 300,000 per month was spent.
As above, the Defendant opened the victim D’s cell phone number “E” number in the victim D’s name, and did not pay KRW 91,400 to the victim. On April 2012, the Defendant obtained financial benefits equivalent to the same amount as the Defendant did not pay KRW 1,134,670 after opening the F’s cell phone number under the victim D’s name.
2. The defrauded against the Victim G is a “C” in the Seocho-si, Gyeongsan-si, Gyeongwon on April 2012.