Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Defendant
A is victims B and high school students.
1. On March 27, 2019, the Defendant used the victim’s “in the course of operating the delivery business” as the main day, the delivery business, and the payment of the fee by using three mobile phones as the main day, and the delivery business.
“A false statement” was made.
However, even if the injured party opens a mobile phone, the defendant did not have the intent and ability to use it for business purposes or pay the fee.
The Defendant, on the same day from the injured party in Gangseo-gu Busan Metropolitan City, made the Defendant open two phone calls of the amount of KRW 1,815,000 E, which is equivalent to KRW 1,705,00,000, the shipment price of KRW 3,520,00,000, including the phone unit, and did not pay KRW 793,130,000,000.
2. On April 5, 2019, at the same place as “A” before and at the same time as “A”, the Defendant deceivings the victim in the same manner as “A” and let the victim open one phone with the delivery price of KRW 1,705,00 from the victim, and did not pay the mobile phone charges of KRW 306,620 even if he/she collected and used it.
As a result, the Defendant received property equivalent to 5,225,00 won in total by deceiving the victim, and acquired property benefits equivalent to 1,09,750 won in total from 3 mobile phones.
Summary of Evidence
1. Statement made by the police against a victim by the defendant in court;
1. A petition, a detailed statement of claimed charges, a report on the current status of subscribed goods, and the application of Acts and subordinate statutes for investigation reporting;
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;
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. Article 70(1) and Article 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;