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

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

Punishment of the crime

On January 23, 2016, the Defendant, at the Busan Dong-gu square, located in 206, as the center of Busan Dong-gu, around 10:30 on January 23, 2016, shall approach the victim B with intellectual disability 3, and shall give KRW 20,000,000 to the opening of the cell phone.

A false statement was made on the grounds that the opened mobile phone fee was “to pay instead of a mobile phone fee.”

However, the defendant did not have the intention or ability to pay the mobile phone price and the user fee in lieu of the victim.

Nevertheless, the Defendant, by deceiving the victim as such, taken the victim into the "D" located in Busan Jin-gu C, Busan, and had the victim prepare an application form for mobile phone admission and let the victim open the 6S mobile phone in the name of the victim.

As a result, the defendant acquired property profits equivalent to 1,827,070 won in total including 631,750 won in mobile phone and 1,195,320 won in mobile phone using the mental disorder of the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to B;

1. Application of the Acts and subordinate statutes to the mobile phone subscription application;

1. Relevant Article 348 of the Criminal Act concerning the facts constituting a crime and Article 348 (1) of the Criminal Act concerning the selection of punishment;

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;