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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
On January 22, 2014, the Defendant was sentenced to imprisonment with prison labor for robbery, injury, etc. at Seoul High Court on April 22, 2014, and the judgment became final and conclusive on March 27, 2014.
1. On March 12, 2012, the Defendant made a false statement to the victim F by E agency located in the D located in the Jeju-si, Jeju-si, stating that “The Defendant would pay the Handphones and telephone call fees in the face of the week in which the Handphones are opened in the four names.”
However, in fact, the defendant had already been in arrears with the Handphone charge equivalent to 2 million won, and even if the Handphone was opened in the victim's name because of no particular revenue, there was no intention or ability to pay the installment and the telephone charge normally.
As such, the Defendant, by deceiving the victim, had the victim take advantage of one gallon Handphone in the market value of KRW 900,000,000 at the seat, and received it and acquired it.
2. Around March 29, 2012, the Defendant made a false statement to the victim F of the G building and the second floor (H) at Jeju-si, stating that “The Defendant would have repaid the loan to the maximum extent possible if he/she borrowed the loan with the four names.”
However, as seen in Paragraph 1, the Defendant did not have any intent or ability to repay the borrowed money from the victim.
As such, the Defendant, by deceiving the victim, had the victim do so on the Internet, obtain a loan of KRW 10 million from the Reference Savings Bank, and KRW 5 million from the Mosp Savings Bank in the name of the victim, and obtained a total of KRW 15 million from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police of the F;
1. A written claim for money borrowed, a written statement of performance, and mobile phone bills;
1. Previous records of judgment: Criminal records, etc., one copy of inquiry report, one copy of judgment, and the application of statutes of the Supreme Court;
1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;