A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Some of the facts charged were revised to the extent that it does not interfere with the defendant's defense right.

A victim B, C, D, and E are between friendships, and the defendant is a middle school line of the victims.

On August 2018, the Defendant, who committed the crime against the victim B, C, and D, stated that “If you open a mobile phone, they will be exempted from cash reduction, and that they will be exempted from cash payment for three months.” Afterwards, the Defendant said that “afterwards, you will pay the value of the equipment.”

However, the defendant thought that he will take profits by selling the mobile phone opened in the above victim's name, and there was no intention or ability to pay the above mobile phone value and fees.

Nevertheless, on August 8, 2018, the Defendant deceiving the said victim, and caused the said victim to open the 1,557,600 Aphone X-1 (J) at the “I” store located in Eunpyeong-gu Seoul Metropolitan Government H around August 8, 2018, and did not pay the value of the mobile phone devices and charges.

In addition, from that time until September 22, 2018, the Defendant: (a) by deceiving the victim B, C, and D from that time to that time; (b) had them open a total of six mobile phones as indicated in the annexed crime list; and (c) did not pay the value of the relevant mobile phone; and (d) acquired property benefits equivalent to KRW 9,345,600 in total from that of six mobile phones.

2. On August 2018, the victim E was aware of the fact that the victim B, C, and D promised to pay the mobile phone value and the telecommunications rate from the Defendant, as described in paragraph 1, through the victim B around August 2018.

Around September 3, 2018, the Defendant was urged to contact the victim E that he believed to pay for the value of the mobile phone devices and charges, “I want to open a mobile phone in the same way as B,” and “I store first.