A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The Defendant made a false statement against the intellectual disabled person as he/she would pay the price for the mobile phone and the fee for the mobile phone, let them open his/her mobile phone in his/her name, and her awareness of the acquisition of the mobile phone.

Around 20:00 on April 2, 2018, the Defendant made a false statement to the victim D, a person with a mental disorder, who was parked on the road in front C in front of the city of Tong Young-gu, 2018, stating, “on the opening of a cell phone, it is necessary to pay KRW 500,000 per 1,000 if he/she transferred the cell phone.” If the problem of money arises, the Defendant will be fully responsible. There is no absolute damage.”

However, the defendant was planned to use the mobile phone opened in the name of the victim for his/her own living expenses, etc., and even if he/she transferred the mobile phone opened in the name of the victim, he/she did not have the intent or ability to pay the mobile phone price or the mobile phone fee or to prevent the victim from paying it.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to open four mobile phones equivalent to the total market value of KRW 5,425,200, and Samsung Gallon, and (c) obtained the two mobile phones from the victim around April 5, 2018 and around April 9, 2018; and (c) acquired the two mobile phones from Samsung Gallon, which were received on April 11, 2018, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Case guards;

1. Each contract;

1. Certificate of the disabled;

1. Application of Acts and subordinate statutes to a report on investigation (a confirmation in the confinement of a suspect's own prison);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of recommendations according to the sentencing guidelines is as follows, however, the various sentencing conditions required in the following 2. The defendant committed the same kind of crime in particular.