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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
[Criminal record] On October 26, 2016, the Defendant was sentenced to a suspended sentence of ten-month imprisonment with labor for fraud at the Busan District Court on October 26, 2016, and the judgment became final and conclusive on November 3, 2016, and is currently under suspended sentence.
【Criminal Facts】
1. On January 22, 2017, the Defendant calls the victim GA, a high school, from the Japanese region in Busan around January 2, 2017, to change the phone in a new form. The payment of the pre-existing mobile phone will be arranged as the sales price of the mobile phone.
A false statement was made to the effect that only a photograph of resident registration certificate is sent.
However, in fact, the defendant received the return of the existing mobile phone from the injured party and sold the mobile phone and then used the price for the personal purpose.
After all, on January 31, 2017, the Defendant obtained a delivery of approximately KRW 450,00,00 from the phone 6S, while opening the victim's mobile phone 7 mobile phone from the victim at the "K," which is located in the Geum-gu, Busan.
2. On February 8, 2017, the Defendant entered “GB”, “GB on the subscriber’s address column,” “GB on the subscriber’s address column,” and “GA” on the subscriber’s column, and sent the transmission server to the Plaintiff’s column by continuously dividing the transmission server.
Accordingly, with the aim of making LG pller's business handling, the Defendant forged an application for membership in the name of another person, which is an electronic record of fact certification, and exercised it.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police to the GA;
1. Each application for admission;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the five-time judgment attached to the same type of force);
1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.