A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The defendant was aware that the above victim was less than intellectual ability and less than daily dialogue ability of the victim due to friendly relationship with the victim B, and was trying to commit the crime of fraud by using the victim's mobile phone.

1. On September 29, 2018, the Defendant received a cell phone (C) from the victim by making a false statement that he/she temporarily uses the cell phone to the victim, at the end of the end of the instant year, at the end of the instant year, around the end of the instant year.

As above, the Defendant, by deceiving the victim and using small-sum settlement services equivalent to the sum of KRW 49,500,00 in total by taking advantage of small-sum settlement services, which are equivalent to the sum of KRW 49,500, from November 1, 2018, and acquired the pecuniary benefits equivalent to the sum of KRW 2,484,50 by taking advantage of the small-sum settlement services as shown in the attached list of crimes (1) from November 1, 2018.

2. On November 9, 2018, the Defendant, who opened a cell phone opening on November 9, 2018, made a false statement to the said victim, stating that “The Defendant would pay the value of the cell phone equipment after immediately cancelling the cellphone on the opening of the cell phone, and use it only as a public machine,” at the end of the end of November 9, 2018.

However, the defendant did not have any intention or ability to pay the mobile phone mobile phone price, user fee, and small-sum settlement service price due to the lack of special revenue.

As above, the Defendant: (a) by deceiving the victim and using one gallon 9 (D) which was opened in the name of the victim; and (b) did not pay a total of KRW 908,700,000, such as the price of the terminal, thereby acquiring property benefits equivalent to the same amount; and (c) acquired property benefits equivalent to KRW 2,085,060, such as the list of crimes (2).

3. On November 20, 2018, the Defendant, who opened a cell phone opening on November 20, 2018, repaid the value of the cell phone equipment after immediately cancelling the cell phone on the ground that the Defendant: (a) on November 20, 2018, the instant victim met the mobile phone device value.