A defendant shall be punished by imprisonment for one year.

The defendant shall pay 410,000 won to the applicant C. The above compensation order shall be made.

Punishment of the crime

[2017 Highest 608]

1. Fraud (victim D) Defendant is a victim D and a middle school ward.

A. On January 20, 2017, the Defendant cannot open a mobile phone in the name of the victim with good credit or in the name of the victim.

After 10 days, insurance money will be paid in KRW 3 million, and the false statement was made to the effect that if the personal phone is opened in four names, the penalty will be paid and cancelled by receiving the money.

However, at the time, there was no insurance money expected to be paid, and even if the cell phone was opened in the name of the victim, it was thought that it was prepared for entertainment expenses by selling it in future to the victim, and there was no intention to pay and cancel the penalty normally, and there was no intention or ability to pay the charge.

Nevertheless, the Defendant: (a) deceiving the victim as above; (b) caused the victim to open a mobile phone agency of “F” in E at the same day; (c) obtained the victim’s pecuniary benefits equivalent to the amount of KRW 1,082,80 from the mobile phone agency of “F” in E at the same time; and (d) acquired the victim’s pecuniary benefits.

B. On January 21, 2017, the Defendant ought to withdraw from opening a cell phone in the victim’s name and “anyway.”

In order to withdraw, it is necessary to newly open the mobile phone of the same base as the previous mobile phone, and to withdraw it by combining two parts.

It was false to the effect that such withdrawal is not well harming, and that the representative of the agency would not speak and prepare an application for membership.”

However, the defendant, after he opened a mobile phone in the victim's name, sold it as stated in the above 1.A., and prepared an entertainment expense, and there was no intention or ability to allow the victim to withdraw the opening of the mobile phone in the victim's name.

Nevertheless, it is not appropriate.