사기등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant and the Victim B came to know on May 30, 2018 through the “Rewing P”, which came to fall from June 3, 2018. < Amended by Presidential Decree No. 20190, Jun. 3, 2018>
1. Around 00:10 on June 4, 2018, the Defendant: (a) falsely stated that “The Defendant shall pay a small amount of money to E within one week from the date of the settlement of small amount; and (b) he/she shall have the victim pay KRW 495,00 from the mobile phone (F) of the victim so that he/she may obtain a pecuniary benefit equivalent to the said amount of money by having the victim pay a small amount of money.”
2. On June 4, 2018, the Defendant stated that “Around June 4, 2018, the Defendant stated that “A victim wishing to get a house from the above telecom room, who would have a student get a loan from the Credit Committee, will be aware of a shotner who would get a loan from the Credit Committee.”
However, in fact, the defendant thought that he would use the money received from the victim as a living cost, and there was no intention to inquire about the victim's self-determination.
On June 7, 2018, the Defendant: (a) deceiving the victim; (b) caused the victim to file an application for a loan on or around June 7, 2018; and (c) transferred KRW 2 million to the G bank account (H) in the name of the Defendant among KRW 3 million borrowed from the victim on or around the 8th of the same month; and (d) obtained KRW 1 million in cash, and acquired the victim by defrauding KRW 3 million in total.
3. On June 8, 2018, the Defendant concluded that “The Defendant would open the cell phone in the name of the driver and pay the victim the fee without any problem.”
However, the defendant did not have the intention or ability to pay the mobile phone use fee.
The defendant deceivings the victim as such, and let the victim open the opphone6S mobile phone (I) in the name of the victim on the same day, and received the mobile phone amounting to KRW 489,500 and acquired it by the victim.
4. On June 4, 2018, the Defendant: (a) around 22:35, the security of the victim’s mobile phone at the victim’s cell room.