Defendant shall be punished by a fine of KRW 300,000.

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

Criminal facts

On September 3, 2014, the Defendant received a request from the victim C for opening of the cell phone from an unspecified place and opened the cell phone under the victim’s name, but the victim requested the revocation of opening of the said cell phone on September 4, 2014 on the ground that he/she wanted to change equipment not new subscription.

In response to this, the Defendant called “to process the instant mobile phone by identifying the victim,” and recovered the said mobile phone from the victim. As such, the Defendant had a duty to prevent the Defendant from imposing the victim the charges for telecommunications use of the said mobile phone and the installment payments by taking appropriate measures, such as changing the account entered in the name of the victim or withdrawing the opening or changing the name of the phone.

Nevertheless, Defendant did not take any measures until August 24, 2015, to use the aforementioned mobile phone from D, an employee of Defendant’s Defendant, in violation of the above occupational duties, thereby causing property damage where the sum of the telecommunications charges and the installment payments of the device for the above mobile phone that was not used by the victim would be paid from the account of the victim, and the amount of KRW 1,188,560 was to obtain property profit equivalent to the same amount from D.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. A protocol concerning the interrogation of the suspect against the defendant (including part concerning C’s statement);

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes concerning the contents of written between the victim and the victim;

1. Relevant legal provisions concerning facts constituting an offense, Articles 356 and 355(2) of the Criminal Act regarding the choice of punishment, and selection of fines (see, e.g., the confession and reflection of a defendant, the fact that the defendant agreed with the victim, and the fact that the defendant is the initial offender);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.