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

1. On March 26, 2015, the Defendant made a false statement to the effect that “Before D points located in the Dong-gu Busan Metropolitan Government C, the Defendant changed the opening of the mobile phone to the victim E, who is the latter, to pay the mobile phone price.”

However, even if the defendant received a mobile phone from the injured party, he did not have the intention or ability to pay the mobile phone price or the user fee, and he thought that the mobile phone was stored in a large phone.

The Defendant, by deceiving the victim as such, obtained the delivery of two new mobile phones (F and G) from the victim with a total amount of KRW 2 million in the market value of KRW 2 million from the victim.

2. On March 27, 2015, the Defendant made a false statement to the effect that “The Defendant, prior to I branches located in the Busan Dong-gu, Busan, would open the mobile phone for which the Defendant would pay the mobile phone cost well.”

However, even if the defendant received a mobile phone from the injured party, he did not have the intention or ability to pay the mobile phone price or the user fee properly, and he thought that the mobile phone was stored in the large phone.

The Defendant, as such, by deceiving the victim, obtained 62 mobile phones (K and L) from the victim of the damage, which is equivalent to 987,00 won at the market price per unit.

Summary of Evidence

1. Statement of witness E in the seven-time public trial records;

1. Entry of the witness M in the eight-time public trial records;

1. Legal statement by the witness J;

1. Partial statement of the defendant;

1. A protocol concerning the examination of a suspect of the police against the defendant or M;

1. Application of the statutes of each police statement protocol to E and J;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. Articles 70 and 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;