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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
1. Around October 2016, the Defendant stated that “The Defendant would return the principal after 3 to 4 months, even if he/she received money from a victim B, who became aware of the fact through a mobile hosting site,” and “it would bring about KRW 200,000 won per day when he/she invests money in the game.”
However, the Defendant had no intention or ability to pay the principal or to pay the profit in 200,000 won each day, even if he received money from the victim due to the absence of a certain amount of income.
The Defendant, by deceiving the victim as above, received a C Account Smart Bank Certification Number in the name of the victim, and the Defendant himself set up a password and manages the above account, and received 6 million won from the victim as investment money from the victim on November 4, 2016 and received a total of 20 times in total from around that time to April 20, 2017, as shown in attached Table 1, from around that time to around April 20, 2017.
2. On October 26, 2016, the Defendant: (a) around Kimcheon-si, Kimcheon-si, told the said victim to post the phone to pay the mobile phone fee in the name of the victim without interruption.
However, as mentioned in the preceding paragraph, the Defendant did not have any intent or ability to pay the fee even if he/she opened a cell phone in the name of the victim because he/she did not have any revenue.
As such, the Defendant, by deceiving the victim, opened a cell phone in the name of the victim from the victim, and used it until April 2017, and had the victim repay the amount of KRW 2,720,50.