On October 19, 2007, the Defendant was sentenced to a suspended sentence of ten months for habitual fraud, etc. by the Incheon District Court. On November 21, 2008, the Defendant was sentenced to ten months of imprisonment for a crime of fraud in the same court. On September 30, 2009, the Incheon Detention House released on September 30, 2009 during the execution of the sentence, and the parole period expired on January 5, 2010. On September 23, 2014, the Defendant was detained for a crime of fraud and currently pending trial.

The Defendant, around July 2, 2014, at the residence of the Defendant located in Incheon Nam-gu BH, posted a notice that the victim BI posted on a cell phone downloader, and sent a cell phone when the victim BI contacted the said victim with text messages and wired KRW 165,000 to the said victim.

The term "the expression was false."

However, the defendant did not possess the above mobile phone, and the remittance received money was used for the cost of living, so there was no intention or ability to deliver the mobile phone to the victim according to the purpose of the contract.

The defendant acquired 165,00 won from the victim to the agricultural bank account of the defendant at that time as the purchase price for the mobile phone.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police officer with regard to BI;

1. Application of Acts and subordinate statutes on the details of entry and departure;

1. The reason for sentencing under Article 347(1) of the Criminal Act that the amount of damage caused by the instant crime is small amount is the most favorable sentencing factor.

However, strict punishment is inevitable in light of the fact that the defendant had already been punished several times for the same crime, even though he had the record of punishment, he/she reached the crime of this case.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, character, conduct and environment of the accused, shall be determined as per the order.

It is so decided as per Disposition for the above reasons.