Defendant shall be punished by a fine of 1.7 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On February 3, 2016, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul Southern District Court, and the judgment became final and conclusive on November 25, 2016.

The Defendant is a business director of a mobile phone sales agent called “B”.

On June 2015, the Defendant, at a place where the location of the phone is unknown, sent a phone call to C (n, 26 years of age) who is a petitioner by telephone, “The Defendant would substitute the phone 5S which is currently being used for the phone 6, and because there is a risk of loss instead of it, he would first open the phone 6 mobile phone in the name of the customer and deliver it to the customer.

“.....”

However, the defendant did not have the intention or ability to deliver the phone 6 mobile phone to the truther under the name of the deceased.

Nevertheless, it has been imposed 228,740 won by using the phone 6 which was opened with the consent of the petitioner, and it has taken property benefits equivalent to 931,430 won by deceiving the phone 6 handphones in amount of 702,690 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. Report on internal investigation (Submission of suspected data);

1. Detailed statement on telephone number rates, copies of the application for admission, and detailed statement on telephone calls;

1. Previous convictions in the judgment: Reference of case summary information and the application of the text of the judgment [the Seoul Southern District Court 2015 High Court 410, 4270, 4636, 4753, 5379 (Joint), 5566 (Joint)];

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;