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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant, “2018 Highly 320” from May 2015 to January 2018, was working at a mobile phone agency of the name “C (GuD)” located in Daegu Jung-gu, Daegu-gu, and became aware of the victims who are his/her employees or customers.
1. On March 2017, the Defendant was using a computer, etc. in relation to the victim E while opening a new mobile phone device to the victim at the above agency, stating, “When returning an existing mobile phone (opon7) to the victim, he would sell it to the victim, and pay the principal and the charge of the part remaining as the payment, and terminate the telecommunications service.” As such, the Defendant received from the victim the Fopon 7 mobile phone in the name of the victim, where a historical card is posted, he did not have obtained permission from the victim to pay the small amount of money by using the said historical card.
While the Defendant kept the aforementioned conviction card in the victim’s name, on January 15, 2018, the Defendant inserted the relevant conviction card into the mobile phone device possessed by the Defendant, and then purchased the serial number of G from H to purchase the amount of KRW 103,000 from H by entering the serial number into the settlement agent G, and made a mobile phone small payment of KRW 284,000 in total twice as shown in the attached list of crimes (1) on the same day.
Accordingly, the defendant acquired financial benefits equivalent to 284,00 won in total by inputting information into a computer or any other information processing device without authority.
2. On October 31, 2017, the criminal defendant against the victim I concluded that “If the victim borrowed the name so that he/she can open the sale performance, he/she will pay all the maintenance expenses, such as the installment for the device to be provided, and terminate the contract after six months.”
However, the defendant does not have good economic condition at the time, and even if it is opened with the consent of the victim, it is used for small-sum settlement.