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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On May 13, 2017, at the C store located in Incheon Strengthening Group B, the Defendant said that “A mobile phone cannot be opened in the name of the victim D with bad credit standing, which was known to the public as a part of the community.” The Defendant said, “A mobile phone shall not open in the name of the victim D, who opened the mobile phone in the name of the party, with two mobile phones opened in the name of the party, and paid the mobile phone installment payment and the fee, because the mobile phone payment and the fee will be paid within the country.”
However, if the defendant opens a mobile phone as above, he thought that he would immediately transfer it to a mobile phone purchaser by the so-called "large phone," and he did not have any intent or ability to pay the discounted cost and the user fee by the victim or the defendant using a mobile phone.
Nevertheless, the Defendant, in the name of the victim, purchased a gallon ju S8 smartphone in the market value of KRW 990,000 in the name of the victim and had the victim pay the Defendant a total of KRW 582,90,00 for three months, thereby releasing the above smartphone from the obligation to pay the user fee.
In addition, from that time until July 17, 2017, the Defendant: (a) by deceiving the victim four times in total in the same manner as indicated in the attached list of crimes; (b) obtained four mobile phone devices equivalent to the total market value of KRW 3,905,90; and (c) obtained pecuniary benefits that exempt the Defendant from the obligation to pay usage fees of KRW 1,291,294 in total.
2. No person who violates the Telecommunications Business Act shall use telecommunications services provided in a mobile communications terminal device in the name of another person for the collection of the relevant fund, on condition that he/she provides funds;
At the above C store around May 13, 2017, the Defendant stated that the above D reads that “The Defendant would open the cell phone and pay 200,000 won when opening two cell phones in the name of the party, and pay the mobile phone installment and the fee.”