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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 16, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor at the Seoul Eastern District Court for fraud, etc., and the said judgment became final and conclusive on August 17, 2018.
1. On July 25, 2017, the Defendant made a false statement to the effect that “The Defendant would pay the victim B a fee for the use of the cell phone in the name of the victim by opening the cell phone in the name of the victim.”
However, in fact, the Defendant had already been in bad credit standing, and the money raised at the time as Rarba, etc. was fully disbursed for the interest and monthly income of 20,000,000 won for personal debt and for the cost of living. Therefore, even if the mobile phone is used in the name of the victim, there was no intention or ability to pay the fee for
Nevertheless, the Defendant deceiving the victim as above, and opened the cellular phone in the victim’s name, and failed to pay the charges after using the cell phone from August 2017 to June 2018, thereby obtaining property benefits equivalent to KRW 1,953,711 in total from the victim’s liability to pay the charges.
2. Around August 2017, the Defendant made a false statement to the effect that “Arrece B is the victim’s counsel at the Defendant’s residence located in Ansan-si, Sinsan-si, and that “Arrece B is the victim’s counsel, and a fee shall be paid on the Internet and TV at his/her home.”
However, the defendant was driven by B without the consent of B, and even if using the Internet and TV at the time as set forth in paragraph 1 above, he did not have the intent or ability to pay the fee.
Nevertheless, the Defendant deceiving the victim as above and opened the Internet and TV, and had the victim use the said Internet and TV from August 2017 to June 2018, thereby acquiring the pecuniary benefits equivalent to KRW 1,028,594 in total, by failing to pay the fees.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;