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

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

Punishment of the crime

1. Around June 17, 2017, the Defendant said, “Around the south-gu Incheon Metropolitan City, the Defendant: (a) stated that the complainant “I cannot open the cell phone opening in the name of a minor at present; and (b) I would faithfully pay the charge.”

However, even if the defendant receives a mobile phone opening in the name of the complainant, he did not have the ability or intention to pay normally the cost of the mobile phone and the cost of use.

Nevertheless, the defendant deceivings the complainant as above, and obtained from the complainants on the same day the amount of KRW 1,155,00 from the sales store of the mobile phones near the Nam-gu Incheon Metropolitan City, Seoul to receive one gallon lusium of KRW 1,155,00 from the complainants

2. On July 2017, at a place where the location is unknown, the Defendant settled the content user fee of KRW 99,400,000 in total by paying KRW 500,00 from D to S8 and by paying KRW 49,400 via a cell phone small settlement, which was opened in the name of the complainant, such as paragraph 1, at a place where the location is unknown.

However, as above, the defendant did not have obtained consent from the complainant with respect to the settlement of content use, thought that he/she should encash and use the above usage fee in an irregular manner, and there was no ability or intention to pay the above usage fee.

As a result, the defendant, without the consent of the complainant, entered information into the data processing device, such as computer, without the authority of the complainant, thereby acquiring property profits equivalent to KRW 99,400.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a written confirmation of subscription, a written request for fees, and a written statement;

1. Relevant Article 347 (1) of the Criminal Act and Article 347-2 of the Criminal Act for the crime, the choice of punishment (Fraud, Selection of fines) and Article 347-2 of the Criminal Act;

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