A defendant shall be punished by imprisonment with prison labor for three months.

The defendant shall pay 5,435,100 won to an applicant for compensation.

3.2

Punishment of the crime

On November 25, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. in the Chuncheon District Court's original branch on November 25, 2016, and completed the enforcement thereof on September 25, 2017. On September 26, 2019, the same court was sentenced to five years of imprisonment with prison labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., and the judgment became final and conclusive on October 7, 2019.

The defendant and C knew that the victim D has lost intellectual ability in class 3 of the intellectual disability, and knew that he/she had the victim open his/her mobile phone so that the victim can read his/her mobile phone, and attempted to sell his/her mobile phone.

Around August 24, 2018, the Defendant and C made a false statement to the effect that “The Defendant and C shall be responsible for and pay the victim the cost of the cell phone, the mobile phone, and the telecommunication fee, by opening the cell phone through the cell phone.”

However, even if the defendant receives the victim's cell phone from the victim, he did not have the intention or ability to pay the mobile phone price and the communication fee.

Nevertheless, in collusion with C, the Defendant: (a) by deceiving the victim as above; and (b) let the victim open a opphone X mobile phone equivalent to the market price of KRW 1,360,700 at “E” located in the area of Daegu or lower on the same day; and (c) received the mobile phone from the victim.

In addition, the Defendant conspired with C, from that time to August 25, 2018, deceiving the victim by the same method, and its corresponding date is obvious that the date 3 and 4 attached to the bill of indictment attached to the crime sight table is a clerical error, and thus, it is corrected ex officio.

In the same way, four mobile phones equivalent to the total market value of 5,435,100 won were opened through a total of four times, and the victim was issued four mobile phones from the victim at an irregular land where the market value was no more than Daegu around that time.

Summary of Evidence

1..