A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant, as a space between the victim C and the high school, was aware that the victim was a person with a intellectual disability of Grade II, and thus, was incapable of getting loans in his name or getting a mobile phone to sell the mobile phone after being admitted to the mobile phone service, with the knowledge that the victim was a person with a intellectual disability of Grade II.

1. Fraud of costs for using mobile phone services;

A. At around 14:00 on August 11, 2014, the Defendant stated that “The Defendant would use the mobile phone service in his/her own name and pay the fee faithfully to the victim by taking out the mobile phone service in his/her own name and paying it to the victim.”

However, as seen above, the Defendant subscribed to the mobile phone service under the name of the victim and intended to sell the mobile phone to others, and did not have the intent or ability to pay the mobile phone service fee.

Nevertheless, the Defendant deceiving the victim as above and allowed the victim to subscribe to the mobile phone service (portable telephone number: D) and acquired pecuniary benefits equivalent to the total amount of KRW 1,092,300,000.

B. At around 15:00 on the same day as the preceding paragraph, the Defendant: (a) demanded the victim to subscribe to the mobile phone service (on-site telephone number E) by the mutual influoric mobile phone agencies located in the peacedong-gu, YY-dong; and (b) obtained financial benefits equivalent to the total amount of KRW 1,040,290.

2. Forgery and uttering of private documents, and fraud, taking advantage of the fact that the victim’s ability to emulation is weak as above, the Defendant had the victim, who was unaware of his name, receive money in his name and had the victim obtain an abstract of resident registration necessary for the application for the loan.

Then, around August 18, 2014, the Defendant is in the column for the first use of the loan contract form “3,000,000 won” and the first use amount in the column for the limit of the loan amount in the non-real estate office located in Songcheon-dong, Seo-gu, Seoul Special Metropolitan City.