사기
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
"2015 Highest 7963"
1. The Defendant is expected to pay the victim CI all the expenses incurred by lending the mobile phone name to the victim CI at a place where it is unknown on June 2014, and change the name within three months.
“A false representation was made.”
However, due to the unpaid mobile phone charges at the time, it was impossible to open the mobile phone in the name of the defendant, and there was no intention or ability to pay the unpaid mobile phone charges within three months due to the change of income. Therefore, even if the victim obtained consent from the victim and opened and used the mobile phone in his/her name, it was changed to the name of the defendant after three months, and there was no intention or ability to pay the mobile phone charges.
As such, the Defendant: (a) by deceiving the victim; (b) obtained consent from the victim from the victim to open a mobile phone in the name of the victim; and (c) did not pay KRW 1,539,090 to the victim; and (d) obtained financial benefits equivalent to the same amount.
2. On January 12, 2015, the Defendant is receiving KRW 1,200,000,00 per month from a counseling staff member of a victim professional loan corporation at a place where it is not known around January 12, 2015.
The loan of 3 million won is changed. Accordingly, 34.9% per annum until January 12, 2018 shall be repaid for 36 months.
“Falsely speaking to the effect that it is “......”
However, the defendant was not CI, but did not work for the Cho Jae-gu, and there was no income in the early stage of the operation of the private teaching institute at the time, so there was no intention or ability to repay the loan even if he received the loan from the injured party.
On January 21, 2015, the Defendant, by deceiving counseling staff, was transferred to a national bank account in the name of CI as a loan, three million won in cash owned by the victim from the counseling staff.
3. The Defendant is a victim stock company at a place where it is unknown on January 16, 2015.