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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On March 19, 2015, the Defendant (hereinafter “A”), at the Internet page bulletin board on March 19, 2015, has been changed without compensation for changing Aphones.

"If a victim C who reported and contacted this article by posting a letter and sending it as a public machine through a conversation between the victim C and the P.S. 1:1, "If you send the 5-phone 5-phones currently being used, you sent the 6-phone 6-phone 1,000,000, and the 707,328 won will be paid for all of this end."

However, even if the Defendant received five parts of aphone from the injured party, he did not wish to pay the victim the price of the 6 new terminal machine with the victim.

The defendant deceivings the victim as above, and was issued 50,000 won of the market price from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Kakao Stockholm

1. The Defendant and the defense counsel on the details of the five installments payment of the sonphones, the claim fee of the 6-phones, and the defense counsel on the assertion of the Defendant and the defense counsel, and there was no intention to defraud the victim's cell phone because the Defendant did not pay the fees that the Defendant promised because of his own withdrawal from office.

However, according to each of the above evidence, the defendant has almost failed to perform his/her duty to pay the charges that he/she promised to the victim after receiving the victim's mobile phone, and it is recognized that the defendant did not entirely transfer the above duty to other employees while withdrawing from office. Accordingly, according to this, it is sufficient to recognize the criminal intent of the defendant's defraudation, the defendant's and defense counsel's assertion cannot be accepted.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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;