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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
around August 30, 2018, the Defendant stated that “BI exercises KRW 500,000 in cash on the Handphone,” located in the GI’s agency located in Gangnam-si, Gangwon-si, Gangwon-do, “The Defendant may receive KRW 500,000 in cash if he/she changes the equipment and enters the new organization, and the Handphone, in which he/she joined, will return the vehicle and terminate it immediately.”
However, the fact that the defendant had the victim open a high-priced mobile phone and had the victim bear the whole of the mobile phone value and the mobile phone charge, so even if the victim opened a mobile phone and delivered it to the victim, he did not have the intention or ability to terminate it and pay 500,000 won to the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received a delivery of 2,721,400 Aphone X mobile phone amounting to the total market value of 2,721,400 on the same day from the victim.
Accordingly, the defendant was given property by deceiving the victim.
"2019 Highest 8702"
1. Fraud against the victim CS;
A. At around 15:00 on December 19, 2018, the Defendant made a false statement to the effect that “The Defendant would, in front of the CT Bank located near the Gangnam-gu Seoul AB, open a cell phone under the name of aner, and pay the terminal a cash of KRW 300,000,000 to cancel the opening without the imposition rate.”
However, the fact that the defendant had the victim open the cell phone and planned to dispose of it on the other hand with the cell phone, and there was no intention or ability to give 300,000 won to the victim or cancel the opening.
As above, the Defendant, by deceiving the victim as above, obtained from the victim a mobile phone that is equivalent to KRW 1,496,000 on the same day from the victim and acquired the MAX-X one.
B. On April 26, 2019, at a place where the Defendant’s location is unknown, the Defendant used the instant Messenger at a place where the location is unknown, and the Defendant needs to pay money to the Defendant to terminate the contract for the opened mobile phone.