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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] On August 21, 2013, the Defendant was sentenced to imprisonment with prison labor for 10 months at the Changwon District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the judgment became final and conclusive on August 29, 2013.
【Criminal Facts】
1. Fraud against the victim B;
A. On January 12, 2012, the Defendant made a false statement to the victim B that “A will faithfully pay the value of the device and telephone fee in the four names if he/she opened the mobile phone in the four names.”
However, since there was no income due to the lack of a certain occupation, the defendant did not have the intention or ability to pay the price even if he opens the cell phone in the name of the victim.
As such, the Defendant, by deceiving the victim, had the victim take part in a mobile phone of 946,00 won or more at the market price of 946,00,000, and acquired the victim by fraud.
B. On February 14, 2012, the Defendant: (a) made a false statement to the victim B, “G” in the mobile phone sales store of “G” located in Kimhae-si F on February 14, 2012; (b) “The value of the device of the opon previously opened is to be changed to a low Vphone with an excessive high value. The opon prior to the opening of the opon in the name of four, the opon will be terminated; and (c) the opon will be faithfully paid the value of the device of the opon and the telephone fee.”
However, since there was no income due to the lack of a certain occupation, the defendant did not have the intention or ability to pay the price even if he opens the cell phone in the name of the victim.
As such, the Defendant, by deceiving the victim, had the victim open one cell phone of the 899,800 won of the market value of the 899,800, and acquired it through a dry phone.
2. Forgery of private documents and uttering of private documents dated November 8, 2012;
A. The Defendant forged a private document with a copy of his resident registration certificate B, which he had, inter alia, a mobile phone in B.