A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

On December 13, 2018, the Defendant was sentenced to 8 months of imprisonment with prison labor, etc. and 6 months of imprisonment with prison labor, etc. at the Suwon District Court Sejong Housing Site Board, and the judgment became final and conclusive on April 4, 2019.

1. Around September 21, 2018, at around 04:59, the Defendant was using computers, etc., at the Defendant’s residence located in Pyeongtaek-si B, and around 16 times in total from around October 15, 2018, the Defendant settled the total amount of KRW 1,989,600 by small-sum settlement method, including that of KRW 500,000,000, when purchasing 50,000,000 from the Defendant’s cell phone of the victim who was using the computer, etc., deducted his mind from the Defendant’s cell phone to the Defendant’s cell phone, accessed the Defendant’s cell phone without authority, and informed the settlement agent D of the approval number without authority.

Accordingly, the defendant acquired economic benefits equivalent to 1,989,600 won by inputting information into a computer or any other information processing device without authority.

2. On September 21, 2018, the Defendant suffered property damage: (a) around 05:00, at the place described in the foregoing paragraph (1); and (b) after deducting a conviction from the victim C’s mobile phone as described in the foregoing paragraph (1), the victim laid the victim’s mobile phone (G6) at the floor to prevent the victim from verifying the payment details; and (c) thereby, damaged the victim’s expense for repair.

3. Fraud;

A. On September 21, 2018, the Defendant of the mobile phone and the cost of repair, at the place specified in the foregoing Paragraph (1) around September 21, 2018, and the fact is received only to prevent the occurrence of small-sum settlement as described in the foregoing Paragraph (1), and did not have the intent or ability to accept and deliver the mobile phone, but the Defendant made a false statement to the victim C that “to accept the mobile phone at home, to leave the mobile phone, and to which it belongs, shall receive the mobile phone (G6) of an amount equivalent to KRW 1,00,000 from the victim, and shall defraud it.