Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant was a person who was a mobile phone salesperson in Ulsan B.C.

1. On July 18, 2014, the Defendant made a false statement to the Victim F (F, 21 years old) stating that “The Defendant will pay the mobile phone fare and the incidental fee to be paid on the face of the mobile phone opening.”

However, even if a mobile phone is opened in the name of the victim, there is no intention or ability to pay the device price and charge.

As such, the Defendant, by deceiving the victim, opens two mobile phones G and H from the same day to the name of the victim, does not pay an amount imposed by January 30, 2015, and does not pay an amount incidental to, or charge for, an amount of money that is not imposed by the victim, and takes property benefits.

2. On August 5, 2015, the Defendant made a false statement to the victim that “The Defendant would make payment on behalf of the victim of the fare and installment payments on the face of a week by additional opening of one mobile phone.”

However, even if a mobile phone is opened in the name of the victim, there is no intention or ability to pay the device price and charge.

As such, the Defendant, by deceiving the victim, opened one cell phone of I mobile phone in the name of the victim on the same day, and took property benefits equivalent to KRW 2,94,780, including incidental money and charges that are to be provided by opening three mobile phones by not later than January 30, 2015.

Summary of Evidence

1. Statement made by the police with regard to F;

1. The document of F;

1. Application of each police investigation reporting statute;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;