Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

From August 1, 2015, the Defendant was an employee of the KGU Co., Ltd. Co., Ltd., which is located in Geumcheon-gu, Seoul.

1) On September 21, 2015, the Defendant: (a) at the foregoing agency on September 21, 2015, the Defendant: (b) requested the victim D to provide counseling due to flooding of a flooded handphone; (c) “The Defendant may suspend flooded handphones and terminate the flooded handphones after the lapse of four months; (d) so, it would be possible to open and use a new handphone.

“A false representation was made.”

However, even if the defendant had the victim open a cellphone in a new way, the defendant did not have the intention or ability to pay the cost of the existing flood Handphones to the victim.

The Defendant: (a) deceiving the victim as above; (b) caused the victim to open a Handphone (E); and (c) received the delivery of one handphone (789,800 won at the market price, the unpaid installments at the time), which was flooded from the victim; and (d) acquired financial benefits equivalent to the said amount.

2) On January 22, 2016, the Defendant resisted that the victim claimed KRW 789,900 of the device fee for a cellphone which has been previously flooded by telephone, and the Defendant made it known to the effect that it does not cause any damage to the device price of the flooded Handphone and the device price of the handphone which is currently used when the victim re-enters one cellphone and returns the handphone which is currently used.

“.......”

However, even if the defendant had the victim open a Handphone, the defendant did not have an intention or ability to pay the pre-existing terminal price.

The Defendant, by deceiving the victim, had the victim take a new Handphone from the victim, received the delivery of one medium Handphone (789,800 won at the market price, the unpaid installments at the time) from the victim, and acquired financial benefits equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each entry application, the details of claims by account, and the details of entry into the account;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;