Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On February 3, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. in the Jeonju District Court's Military mountain support, and the judgment became final and conclusive on February 11, 2017.

[2019 fixed-scale 111] On April 30, 2016, the Defendant made a false statement to the effect that “A victim D may not purchase a mobile phone in his/her own name,” and that “A party would faithfully pay the mobile phone charges and the installment of the device each month in his/her own name if he/she opened a mobile phone in his/her own name.”

However, at the time, the Defendant had no intention or ability to pay the mobile phone charges and the cell phone installments normally even if he opened the cell phone in the name of the victim, because the monthly income is only one million won and there were many families to support.

Nevertheless, the Defendant made a false statement to the victim, and received four mobile phones equivalent to the total market value of KRW 2,495,90 from the victim. From May 1, 2016 to October 31, 2016, the Defendant did not pay KRW 4,143,071, which was used from May 1, 2016 to October 31, 2016, thereby acquiring property benefits equivalent to the same amount.

[2019 fixed-scale 112] On October 20, 2016, the Defendant posted a letter "S-phone 4 S sales" by accessing Internet mid-to-face transactions E, and sent it to the victim F who intended to purchase the article at home.

However, even if there was no intent or ability to sell money even if it was received money, the victim was deposited in H account (I) in the name of G and withdrawn 70,000 won, and was delivered property by deceiving the victim.

Summary of Evidence

[2019 High Court Decision 111]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written application for subscription, a certificate of debt, and a detailed statement of monetary tax (2019, fixed 112);

1. Defendant's legal statement;

1. Each police statement concerning G;

1. A statement of damage (F), a statement of deposit (H), and a statement of reply to a warrant (H) (B).