A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

"200 Highest 856"

1. Fraud;

A. A. Around February 27, 2017, the victim B stated that “A mobile phone payment (the name of the victim) to the victim B is not only to pay the mobile phone fee including the device fee for one year, but also to additionally pay KRW 30,000 to KRW 50,000 per month.”

However, from around 2014 to around 2017, the Defendant was already unable to pay the fees for the mobile phones opened in the name of the Defendant, and the overdue charge was about 4 million won, and the monthly income of the Defendant was not paid for several years, and due to other obligations, the Defendant’s spouse’s account was used for the Defendant’s spouse’s account. Since the Defendant’s entertainment tavern water was pregnant, the income of the Defendant’s entertainment tavern water was insufficient to cover the expenses for living or the spouse’s hospital, and there was no particular property or profit, so even if used with the mobile phones opened in the name of the victim, there was no intent or ability to pay the mobile phone fees, etc. as agreed by the victim.

As above, the Defendant, by deceiving the victim and using one cellular phone opened in the name of the victim on the same day, did not pay a total of KRW 1,44,00,03, including total of KRW 779,923, and total of KRW 250,170, and acquired property benefits equivalent to the same amount.

B. At around 00:30 on November 21, 2019, the Defendant: (a) committed an act as if the Victim G, operated by the Victim G, who was in the Changwon-si Mhappo-si H, would normally pay the amount; (b) ordered the Victim G to provide alcohol, food, etc.

However, the defendant is guilty.

Since there was no particular property or profit as described in the subsection, there was no intention or ability to pay the price even if the victim was provided with alcohol, food, etc.

The Defendant is as above.