A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

"2015 Highest 2651"

1. On August 4, 2014, the Defendant, by using computers, etc., operated a device to pay the amount of KRW 110,000 to the victim and impose the price on the victim, by falsely speaking to the effect that “the Defendant would lend a mobile phone to him/her only, if he/she lends it, and return it to him/her.”

Accordingly, the Defendant acquired financial benefits equivalent to KRW 110,00 in total by inputting an illegal order into the data processor, or inputting the data of the victim without authority. From this point to April 13, 2015, the Defendant acquired financial benefits of KRW 4,139,00 in total by using a cell phone of the victims for 43 times without the consent of the victims, such as the statement in attached Table 1 from the date to April 13, 2015.

2. Fraud;

A. On August 26, 2014, the Defendant against the victim D made a false statement to the victim D that “The Defendant is liable for the cost of the equipment and the charge to make the victim use of the mobile phone via four names.”

However, in fact, the defendant did not have certain income or assets, and planned to prepare living expenses by opening the mobile phone and paying small amounts of money, etc., and there was no intention or ability to pay the mobile phone device cost and the user fee.

As such, the Defendant, by deceiving the victim and using the cell phone opened from the victim’s seat to November 2015, did not pay a total of KRW 2,681,190,000, while using it until November 2015.

B. The Defendant committed fraud against the victim C.