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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant of "2017 Highest 571" owns a number of telecomsing lines in old and port areas, and owns a deposit of KRW 100 million in the account to the victim D who became aware of through mobile phone-raising and fluences around August 2016.
"Along with the fact that he/she had a considerable financial power," he/she has committed as if he/she had a considerable financial power, and has received property from the damaged person.
1. On September 19, 2016, at around 23:36, the Defendant used a computer, etc., to pay a sum of KRW 100,000 won by entering the victim’s cell phone number, date of birth, resident registration number, and the victim’s cell phone number with the victim’s cell phone by accessing the victim’s cell phone with a gap where the victim’s management was neglected, and then entering the victim’s cell phone number with the victim’s cell phone in the victim’s cell phone. From around that time to October 18, 2016, the Defendant paid a total of KRW 40,000 in total four times, such as the daily list of crimes (1) in attached Form 4.
Accordingly, the defendant acquired property benefits equivalent to 400,000 won by inputting information into a computer or any other information processing device without authority.
2. Fraud;
A. On September 9, 2016, the Defendant would pay the victim a fee to use the mobile phone in the name of the victim at the place indicated in paragraph (1) around September 9, 2016.
“A false representation was made.”
However, the Defendant, as seen above, committed a false act while driving a cell phone in the name of the victim, but failed to open the cell phone in the name of the victim.
Falsely, it only conceals the opening of the opening and arbitrarily uses the mobile phone, and there was no intention or ability to pay the user fee.
Nevertheless, the defendant received a resident registration certificate from the injured party and opened two cellular phone numbers on the same day and the 23th day of the same month in the name of the injured party.