Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Criminal facts
1. On December 1, 2017, the Defendant made a false statement to the victim B, who became aware of through the Internet-type display display system, stating that “The Defendant will pay the two mobile phone prices and the user fees to the cell phone opening via the Internet, and KRW 5 million in cash.”
However, even if the cell phone is opened in the victim's name, there was no intention or ability to pay the cell phone price or the user fee, and there was no intention or ability to pay cash.
The defendant allowed the victim to open two mobile phones (CD and EF) in the name of the victim, used it for the purpose of small payment, etc., and used it to have the victim bear 6,202,964 won in total.
2. On January 2, 2018, the Defendant made a false statement to the mobile phone agency in Daegu-gu, stating that “The Defendant would pay 10 million won including cash that had not been given to 2 mobile phones opened prior to the opening of the mobile phone by paying all of the mobile phone prices and the user fees on the mobile phone side with only one unit of mobile phones,” to the victim.
However, even if the cell phone is opened again in the victim's name, there was no intention or ability to pay the mobile phone price or the user fee, and there was no intention or ability to pay the cash of KRW 10 million.
The Defendant had the victim open one cell phone (GH) and one unit (G) in the name of the victim, and used it for the purpose of small payment, etc., and had the victim bear the total of KRW 4,320,790.
Accordingly, the defendant, by deceiving the victim, acquired a total amount of 10,523,754 won or more in property interest.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Data and services related to amounts of damage, such as debt certificates;