A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

On July 19, 2017, the Defendant called “C” in the store of “C” in the operation of the Defendant located in Gwangju Mine-gu, Gwangju, the Defendant called “C” and called, “I will pay to the victim D the cost and fee for the opening of his cell phone in the name of his own seat. He will terminate six months after the cancellation or extend one more time for six months.”

However, even if the victim opens a mobile phone in the name of the victim, the defendant did not have the intention or ability to pay the cost and the user fee, including the cost and the value of the device.

Nevertheless, the Defendant, as such, deceiving the victim, obtained one cellular phone from the victim’s cell phone name, and obtained the victim’s cell phone number from August 2017 to November 2018, and acquired the pecuniary profit equivalent to KRW 1,218,180 from around August 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of each protocol concerning the examination of the suspect against the defendant;

1. Copy of the police statement concerning D;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act;

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

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion was the victim's intent and ability to pay the value of the mobile phone and the user fee to the victim at the time of obtaining consent to the opening of the mobile phone in the victim's name. However, since the Defendant's operation of the mobile phone sales agency is difficult after the fact, the Defendant did not pay part of the value of the device and the user fee.

2. According to the evidence as seen earlier, the Defendant operated a mobile phone sales agency with E from March 2015, and its operation from the end of 2016.