beta
Text
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
【Criminal Force】 On September 5, 2006, the Defendant was sentenced to six months and four months of imprisonment for fraud, etc. at the Seoul Eastern District Court, and was released on February 29, 2008 and passed on March 22, 2008 during the execution of the sentence.
【Criminal Facts】
1. The Defendant involved in the opening of a mobile phone in the name of the victim C, etc., caused the victim C to open a mobile phone, etc. in the name of the victim and his/her father D, using the fact that the victim C was incapable of judgment as a disabled person of Grade III with intellectual disability, and had him/her receive it and sell it, and had him
피고인은 2010. 2. 10.경 서울 동대문구 신설동에 있는 KT대리점에서, 피해자에게 “당신 명의로 휴대전화를 개통해주면 할부금과 사용요금을 정상적으로 결제하여 당신에게 피해가 없도록 하고, 사례비도 톡톡히 주겠다.”라는 취지로 말하였다.
However, the defendant was thought to sell the mobile phone which had been opened in the name of the victim and consume the price for personal living expenses, etc., and there was no certain income at the time, and there was no intention or ability to pay the mobile phone installments and the use fee normally.
The Defendant, by deceiving the victim, received three mobile phones opened in the name of the victim on the same day from the victim until the end of July 2010, and did not pay 5,331,320 won in total and usage fees, thereby acquiring financial benefits equivalent to the same amount, as well as acquiring financial benefits from the said amount from the failure to pay the said amount. From the end of July 2010 to the end of July 2010, the Defendant acquired five mobile phones and five set of the mobile phones opened in the name of the victim and his/her his/her his/her his/her his/her his/her his/her his/her father, as shown in the List of Crimes (1), and acquired financial benefits equivalent to the same amount by failing to pay the total of 12,235,500 won in total.
2. Subscription to E mobile phone openings and C Internet services in the name of E;