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Defendant shall be punished by a fine not exceeding one million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
On December 24, 2015, the Defendant concluded that “C” located in the Si of Busan Dong-gu, Busan, would normally pay a charge to the victim D when opening a cell phone under the name of the party.”
In fact, however, the defendant would pay the charges.
The defendant has no intention or ability to pay the fee normally even if the victim has opened the mobile phone through the opening of the new contract for subscription to the mobile phone, etc.
As above, the Defendant deceiving the victim and let the victim open 5 gallon (the ex-factory price is equivalent to KRW 965,800) through the cellular gallon, and acquired the mobile phone by obtaining the mobile phone and acquired it by fraud. By May 4, 2016, the amount equivalent to KRW 400,000 of the mobile phone fee was imposed.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police with regard to D;
1. The statement of new service contract, receipt, and the details of the deposit and withdrawal transaction [the defendant asserts to the effect that the defendant did not deceive the victim, and did not have any intention to acquire by deception], and the facts acknowledged by the evidence duly adopted and investigated by this court, including ① the fact that the victim's statement is specific, natural, and is difficult to find any other circumstances to suspect the credibility thereof, and ② the defendant had seized his/her settlement account.
After release of seizure, all balance was withdrawn.
In full view of the fact that there is no fact that the mobile phone fee has been paid, the application of the statutes and the intentional acquisition of the defendant at least dolusently shall be recognized.
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;
1. Articles 70 and 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;