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Defendant shall be punished by a fine of KRW 1,500,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is working for a new establishment of the headquarters in Doyang, which has been established on a daily basis.
The defendant did not have an intention or ability to pay the cost of using the device or the cost of using the device even if he/she opens the mobile phone in the name of the victim.
Nevertheless, on August 23, 2011, the defendant opened a cell phone to the victim at an unclaimed place, and made a false statement that "if the victim opens a cell phone, the installment of the device or the user fee will be borne by the victim."
As above, the Defendant, by deceiving the victim and allowing the victim to open the cell phone and using it, took property benefits of KRW 3,906,870 over two times on August 23, 201 and September 14, 201 in total, in a way that the victim did not pay for the installment cost of the cell phone and the fee for use of the cell phone.
Summary of Evidence
1. A protocol concerning the police interrogation of the accused;
1. Application of Acts and subordinate statutes on police statement No. B
1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;