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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Around April 22, 2015, the Defendant made a false statement to the effect that “If the Defendant opened a cell phone in the name of his/her mobile phone and used it, he/she would be liable for the payment of the mobile phone price or the user fee if he/she would use it by opening the cell phone in the name of his/her mobile phone.”
However, the defendant did not have the intention or ability to pay the mobile phone price or the user fee even if the defendant got the victim to open the mobile phone and receive the mobile phone from the victim.
Around April 22, 2015, the Defendant: (a) by deceiving the victim and let the victim open his/her cell phone; (b) received two opon phones (E, F) equivalent to the total market value of KRW 1,589,600,00 from the victim’s name; (c) on April 24, 2015, one of the mobile phones equivalent to the market value of KRW 789,800,00, which was opened in the name of the victim from the above C was received from the victim; and (d) from that to that of the latter part of the latter part of April 2015, the Defendant imposed the victim a total of KRW 5,06,000,000 on the victim’s use of the aforementioned mobile phone from that time to that of the latter part of the latter part of the year.
As a result, the Defendant obtained three mobile phones of 2,369,400 won in total from the victim, and acquired pecuniary benefits equivalent to the same amount by obtaining them, and by imposing the mobile phone fee of 5,066 won in total.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police officer's statement about 1D of the witness D's legal statement;
1. Application of Acts and subordinate statutes to a new service contract, a business bank reply, and an investigation report (H customer center counter-investigation);
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant and his defense counsel could not terminate the claim of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, since contact with the victim was not known, and work in the region.