Defendant shall be punished by a fine of KRW 500,000.

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

Punishment of the crime

On February 28, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor at the Jeju District Court for fraud, etc. and the said judgment became final and conclusive on August 9, 2018.

On August 11, 2015, the Defendant sent a phone call to the victim D at the LG Plus cell phone sales store located in Jeju City around August 11, 2015, the Defendant concluded that “If the Plaintiff sent the phone to the victim, the Defendant would send the phone 6(16) with a higher capacity to the victim, and would substitute the phone 6(64) with a higher capacity, and would pay 920,000 won for the remainder of the sales of the phone previously used and the new equipment value.”

However, in fact, the defendant thought that he was able to use the money received from the injured party for the sale of the 6 (16) mobile phone from him, and there was no intention or ability to pay the remaining installments of the injured party and the value of the new mobile phone device.

As above, the Defendant: (a) by deceiving the victim; and (b) was delivered to the victim, on August 2015, 2015, only 400,000 U.S. mobile phone value of KRW 6 (16).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of the Kakao Stockholm dialogue with the suspect and the complainant;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (the same records of the suspect);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration, such as the reflection of the reason for sentencing under Article 334(1) of the Criminal Procedure Act in the order of provisional payment, equity in the case of being tried together with a case for which a final judgment has become final and conclusive, the fact that there has been an agreement with the victim during this trial, and support for young children;