A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[2013 Highest 4545] The Defendant is a specific communications business operator (main) of Gangdong-gu Seoul Metropolitan Government Building C Building 204, who operates a “D Company” as a sear business operator for a specific communications.

On the condition that the Defendant pays KRW 600,000 per contract formation case, the Defendant was able to gain profits by taking over the customer name group (to visit places or DB), which expressed his intent to install a reclamation-type recreation, and installing a mobile phone usage fee against the clients, with the intention of giving the customers a right to free telephone call equivalent to that amount if the Defendant paid the mobile phone fees in advance.

Around March 12, 2012, the Defendant established a construction in the vehicle of the victim G in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant stated, “I will pay the victim a free call right equivalent to the settlement amount if you pay the mobile phone fee in advance, which must have a performance record, and will receive a credit card loan and pay it in lieu of interest if there is no cash, and eventually, I will pay it in lieu of interest if it would settle the payment in a lump sum.”

However, there was no fact that the defendant sold a free call right or set a prepaid call fee in the above non-specified information and communication. The defendant paid the victim the amount from the victims to the extent that the victims actually used, and the remainder was thought to be used individually by the defendant. Thus, even if he received the amount from the victim, he did not have the intention or ability to grant a free call right equivalent to the amount.

As above, the Defendant, by deceiving the victim G, received KRW 3.7 million from the victim, received the money from the victim, and acquired it, and received the money totaling KRW 301,894,974 from September 27, 201 to February 4, 2013 by the same method as the victim was transferred from September 27, 201 to February 4, 2013.

[2013 Highest 4927] The Defendant is a specific communications business operator of Gangdong-gu Seoul Metropolitan Government C building 204.