Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On December 5, 2013, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Busan District Court, and the judgment became final and conclusive on December 13, 2013.

On August 29, 2012, the Defendant: (a) prepared an application for new mobile phone service in F name using a copy of the resident registration certificate in the name of F collected by E in the “D Company” office where the Defendant is working in Busan Shipping Daegu Co., Ltd.; and (b) filed an application for mobile phone purchase with the victim SK Telecom Co., Ltd. as if the said F had the intent and ability to pay the normally communication fare and the terminal cost.

However, in fact, F did not have consented to the defendant's subscription to the mobile phone in the above F name, and the defendant did not have any intention or ability to pay the mobile phone charges and the mobile phone charges normally to the victim because he thought that the victim's mobile phone opened the mobile phone in the above F name and received the mobile phone from the victim and sold the mobile phone in another place.

The Defendant, as such, by deceiving the victim, was given one cellular phone of gallon city with a market value equivalent to 99,000 won owned by the victim around that time.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. A new contract for mobile phone services;

1. Each report on investigation;

1. Previous records of judgment: Results of case search bound in the records of public trial, application of the respective Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;