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A person shall be punished by imprisonment with prison labor for not less than two months and for not more than ten months for the crimes of No. 2 as stated in the judgment of the defendant.
Reasons
Punishment of the crime
On October 9, 2009, the Defendant was sentenced to six months and two months of imprisonment for fraud in the Daejeon District Court Seosan Branch on December 2, 2009, and the judgment became final and conclusive on December 2, 2009, and the execution of the sentence was terminated on May 8, 2010.
1. Fraud and embezzlement of victims C;
A. On November 25, 2008, the Defendant expressed to the effect that “E church” in Daejeon-gu Daejeon-gu, Daejeon-gu, was requested by the victim C to open a mobile phone, and the Defendant also requested the victim to open a mobile phone with only one cell phone, and that “The charge shall be paid within the victim’s name by opening a mobile phone.”
Since then, the Defendant received the victim's identification card from the victim and opened three cell phoness in the name of the victim, and used two cell phoness to the victim's and the victim's friendship F, and the rest of one unit to be imposed by the Defendant from October 26, 2009 to October 26, 2009.
However, at the time of fact, the defendant did not have any particular property and did not have any intention or ability to pay the price even if he used the cell phone in the name of the
Accordingly, the defendant, by deceiving the victim and using one cell phone from the victim, did not pay an amount equivalent to KRW 293,441, and acquired property benefits equivalent to the same amount.
B. The Defendant, at around November 25, 2008, opened a mobile phone in the name of the victim C and opened one of them to the victim. However, the victim changed the mobile phone color into another color with no mind, and changed the victim into another color, and the victim was kept in custody of the victim at his own discretion without returning it to the victim from September 28, 2009. The Defendant used it to impose a fee of 330,650 won from that time to September 28, 2009, and did not pay the price.