A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[2019 Highest 256]

1. On January 7, 2019, the Defendant told the victim B to the effect that “A mobile phone sales store located in Cheongcho-si, Youngcho-si, Cheongcho-si will pay the charge to the victim B without any more than anything else,” within the cell phone sales store located in Cheongcho-si.

However, the defendant did not have any intention or ability to pay the fee even if he opened or used a mobile phone in the name of the victim.

Nevertheless, the Defendant: (a) received the victim’s cell phone and D mobile phone from the victim to March 31, 2019; and (b) used the victim’s cell phone with a charge equivalent to KRW 1,703,330 for C mobile phone; and (c) for D mobile phone with a charge equivalent to KRW 1,914,770 for each of them.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

2. On January 2019, the Defendant: (a) told the victim B to the effect that “a loan is granted when a loan is made in four names, and a loan is made to him/her by managing the loan at home,” within the F-B parking lot located at the Seocho-si, Seocho-si, 2019.”

However, in fact, the defendant was thought to use the money borrowed in the name of the victim for the repayment of personal debt, etc., and there was no intention or ability to manage the loan on behalf of the victim.

Nevertheless, the Defendant had the victim obtain a loan of KRW 10 million from G around January 17, 2019. On the same day, the Defendant opened a physical card connected with the Defendant’s above loan of KRW 10 million to the Defendant’s H account in the above F-based parking lot, and used the said money from around that time to February 5, 2019 for personal debt repayment and living expenses.

Accordingly, the defendant was given property by deceiving the victim.

3. The Defendant committed on January 23, 2019: (a) around January 23, 2019, the Defendant used the victim B with one cellphone via a cell phone store located in the Cheongwon-si, Young-si.