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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On July 4, 2015, the fraud Defendant made a false statement to the victim F, who was known through the instant case No. 1005 of Ildong-gu Seoul Building 1005 and the instant case No. D and E, the Defendant: “In order to open a mobile phone in the name of another person and sell it to a third person; the Defendant borrowed the mobile phone name and sent the mobile phone brokerage fee; and after opening the mobile phone, the Defendant will pay the mobile phone charges and the user fee to the mobile phone; and the Defendant will not cause damage to the victim by cancelling the mobile phone after three months.”
However, the defendant was thought to use the sales price by opening the portable phone under the above victim's name as entertainment expenses, etc., and even if the defendant opened the portable phone under the above victim's name due to the absence of a certain amount of income, he did not have the intention or ability to pay the terminal and use price
Nevertheless, the defendant deceiving the above victim and obtained permission for the opening of the mobile phone apparatus from the above victim, thereby opening the mobile phone apparatus in the name of the above victim at H located in Goyang-gu G on the same day. The defendant, as shown in Table 1 of the Crimes List 2015, by deceiving the victims in total 20 times until September 21, 2015, acquired the victims' proprietary benefits equivalent to the sum of 56,414,198 won.
2. On September 25, 2015, at the place indicated in paragraph (1) at around September 25, 2015, the Defendant, such as a computer, entered the core chips of mobile phones opened in the name of the victim F, into the Defendant’s handphone, using the said chips, and without authority, entered the said chips into the Defendant’s handphone, and as if he was the victim, without any authority, enter the said chips into the Defendant’s handphone, the gift certificates worth KRW 846,700 in the victim’s name via an “payment of handphone small amount.”