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Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
"2018 High Court 1516"
1. On June 25, 2017, the Defendant stated that “The Defendant would pay the victim D the credit unpaid due to the default of the communications fee, and the mobile phone opened through the cell phone under the name of the Defendant.”
However, the defendant had no intention or ability to pay mobile phone charges even if he/she opens a mobile phone in the name of the victim, such as there is no balance in paying small-sum payment charges including 11,761 won per month in the Agricultural Cooperative account (Account Number E) in which the defendant would pay automatic transfer of mobile phone charges.
As above, the Defendant: (a) by deceiving the victim as above; (b) opened only one unit of Aphone 7 mobile phone phone in the name of the victim; and (c) did not pay KRW 1,934,370, such as the terminal price and the small-amount telecommunications commission, and had the victim be charged with the same, thereby obtaining pecuniary benefits equivalent to the same amount.
2. The Defendant in violation of the Reserve Forces Act is a member of the reserve forces belonging to the Defendant ex officio to delete it, since the Defendant’s “one-minute-one-minute-one unit in the first head of this part of the facts charged against the Defendant,” as stated in the first head of this part of the facts charged.
The Defendant, at around 14:00 on June 15, 2017, was taking part in the training of the reserve forces: (i) from Jun. 26, 2017 to Jun. 29, 2017, the Defendant was taking part in the training of the reserve forces “17-year East-dong Reserve Forces Second Supplement (e.g., 20 hours)”; and (ii) from Jun. 26, 2017 to Jun. 29, 2017, the Defendant was taking part in the training of the reserve forces in the 17-year East-dong, Daegu-dong, Taedong-dong, Daegu-dong, Daejeon-dong, Seoul-gu, Seoul-gu, Seoul-dong (20 hours); and (iii) on June 26, 2017, the Defendant signed a notice of convening the training under the name of the 4th unit commander of the 8251 E.S. (SNS); and signed on June 15, 2017 (SNS).