A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment with prison labor for a term of fraud in the Daegu District Court Port Support on February 5, 2015 and has been sentenced to one year.

2. 13. The above judgment became final and conclusive.

[ 범죄사실] 피고인은 2014. 1. 22. 포항시 남구 C 건물 302호에서 피해자 에이 제이 네트웍 스 주식회사 소속 성명을 알 수 없는 직원에게 전화하여 시가 909,370원 상당의 LG 42인치 TV 1대를 렌 탈해 주면 36개월 동안 매월 렌 탈요금 50,710원을 납부하겠다는 취지로 말하였다.

However, the Defendant did not have the intent or ability to pay the rental fee every month even if he received TV from the victim by concluding a rental contract as above.

In such a situation, Defendant 1 made a false statement to an employee in charge, whose name the victim’s company was unable to be identified and who caused the damage.

1. A recipient of TV on February 10, 2014 by the same method, etc., he/she received two TV sets of 5,603,918 won in total at the market price and two Nompt 2 from the victim, as shown in the list of crimes in the attached Table of Crimes, from February 10, 2014

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Four copies, each of the applications filed for consent to smart siren and copies of confirmation of supply (supply);

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of final conviction);

1. Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor, respectively;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. There are extenuating circumstances, such as the following: (a) the first sentence of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) Articles 38(1)2 and 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in a crime of fraud, which is heavier than that of the principal offense); and (c) the Defendant’s acknowledgement of all of the crimes and reflects the mistake; and (d) the amount of damage is not particularly high.

However, there is no agreement with the victim or no reimbursement for damage.