사기등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
[2019 Highest 214]
1. Around 13:00 on March 23, 2018, the Defendant told the victim D to “I want to obtain a loan by using a cell phone in the name of the principal, but the cell phone change.”
However, the defendant did not have the intention or ability to lend to the victim, and he thought that he would dispose of the cell phone from the victim to the mobile phone purchaser.
As such, the Defendant, by deceiving the victim, obtained from the victim the opphone X 1 (Cat 1,390,000 won at the market price) in the name of the victim.
2. Around March 23, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) without a driver’s license: (a) from the Do located in Seogdong, Gangnam-gu, Seoul to the roads in front of the C elementary school located in Suwon-si, Suwon-si; (b) from the Do located in Suwon-si, to the front of the C elementary school located in Suwon-gun, Hongsung-gun; (c) from the front of the Hongsung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, to the front road located in Suwon-si, Suwon-si, Hongsung-si; and (d) from the front of the C elementary school located in Suwon-si, Suwon-si, Hongwon-si, Hongwon-si, to the front road located in Suwon-si, Kuwon-si, Suwon-si, the Defendant driven a white benz E220 car that cannot identify the number borrowed from I to the front road located in Suwon-si
[2019 Highest 321]
3. The Defendant concealed property at around 05:00 on the same day, had the aforementioned mobile phone in order to report the Defendant to the police by means of the “L” multi-family housing M, a victim K residing in Suwon-si J, and a mobile phone (gallon S8) in the market value of the victim’s ownership.
Accordingly, the defendant concealed the victim's property and harmed its utility.
4. The Defendant: (a) around 11:00 on November 20, 201, at the main point of “O” located in Suwon-si N, Suwon-si, the victim P, one mobile phone (Aphone X) of KRW 1.2 million at the market price.