A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

[criminal power] On May 18, 2017, the Defendant was sentenced to two years and two months of imprisonment for larceny, etc. at the Daegu District Court, and was released on October 26, 2018 during the execution of the sentence, and the parole period passed on November 11, 2018. On September 27, 2019, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Daegu District Court, and the said judgment became final and conclusive on October 5, 2019.

【Criminal Facts】

1. On January 11, 2019, the Defendant visited the victim’s mobile phone sales store in Daegu-gu 1st floor B, Daegu-gu, and told the victim that “The sales proceeds will be sent to the D Association account in Na, because the victim attempted to sell two gallons in his/her name, and obtained the consent of his/her friendship.”

However, in fact, the Defendant was planning to obtain the above mobile phone sales proceeds by means of reporting the loss of the above mobile phone, and thus, there was no intention to sell the above mobile phone to the victim, and there was no consent from the account holder E to sell the above mobile phone.

On the same day, the Defendant received 740,000 won from the victim to the D Association account (F) in the name of the Defendant, and reported the loss of the above mobile phone around February 2019.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 6, 2019, the Defendant stated, at the aforementioned mobile phone sales store, that “The Defendant would sell 64 opphone XS 64 popon in the name of female-friendly son-gu to a middle order, and obtained the consent of female-friendly her, so the value of mobile phone equipment will be sent to her association.”

However, in fact, the Defendant did not obtain the consent of female job-friendly G and did not obtain the consent from H (G's father) who is the holder of the above mobile phone, so even if he received the sales proceeds from the victim, he did not have the intent or ability to sell the above mobile phone normally.