Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

around 11:00 on November 18, 2017, the Defendant made a false statement to C, a middle school alumni, stating that “The work of exporting Handphones should be done, and performance should be accumulated.” However, 150,000 won is an incentive for the test through a mobile phone, and the terminal price and service fee will be paid up to the following month.”

However, even if the Defendant received the cell phone opening, he was planned to sell the cell phone, and there was no intention or ability to pay mobile phone charges on behalf of the victim.

Around 18:00 on November 18, 2017, the Defendant: (a) opened a cell phone agency located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu to the victim’s name; (b) opened a cellphone of an amount equivalent to KRW 1,283,700 in the market price of KRW 1,283,70 in the victim’s name; (c) made a small-amount settlement of a handphone of an amount equivalent to KRW 650,00 in the market price of KRW 1,142,90 in the victim’s name; and (d) continued to open a cellphone of an amount equivalent to KRW 830,00 in the victim’s name in Seoul Special Metropolitan City, Nowon-gu, on November 21, 2017.

Accordingly, the Defendant, by deceiving the victim, received the total amount of KRW 3,906,600 from the victim, and took property benefits.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on photographics, cell phone entrance certificates, and the details of use of small-sum settlement after cutting down B message;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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