A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

1. Borrowing and mobile phone fraud;

A. The Defendant: (a) around May 30, 2016, at the pre-existing in French coffee specialty store in front of the AA, where the victim’s Z was known to the past located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; and (b) the victim requires money as an operation cost to undergo an annoying surgery in Japan by her mother.

It shall be repaid if it is lent.

“A false statement” was made.

However, in fact, the Defendant did not think of using the money borrowed from the injured party as expenses related to the surgery, and even if she borrowed money from the injured party, there was no intention or ability to repay it.

The defendant deceivings the victim as above and was transferred KRW 500,000 on the same day and June 20, 2016 to the corporate bank account under the name of the defendant as the borrowed money from the victim.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits of 660,000 won.

B. On June 2016, the Defendant: “The mother requires an operation cost to the victim Z in the foregoing place.”

In the name of the victim, two mobile phones are opened in the name of the victim and the mother receives the opening fee, and the mother is not responsible for the operation expenses and the mobile phone price is terminated at least three months after the mobile phone is carried.

“A false representation was made.”

However, in fact, even if the Defendant actually opened a mobile phone in the victim's name, he thought that the Defendant would use the opening fee for the surgery for the settlement of small amount, etc., and there was no intention or ability to pay the mobile phone price, the user fee, etc.

As above, even if the defendant deceivings the victim and uses two telephone calls in the name of the victim from the victim to October 27, 2016, the defendant paid KRW 6,690,790 in total, including the terminal price and the small amount settlement, even though he/she was used from around that time to around October 27, 2016.