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Defendants shall be punished by imprisonment for ten months.
Reasons
Punishment of the crime
[criminal record] On November 17, 2014, Defendant A was sentenced to four months of imprisonment due to fraud, etc. at the Suwon prison on January 15, 2015, and completed the execution of the sentence at the Suwon Detention House.
Defendant
B On April 22, 2015, upon being sentenced to six months of imprisonment for fraud at a means of Suwon, the execution of the sentence was terminated at the detention center of Suwon on September 16, 2015.
[Criminal facts]
1. Defendant A
A. On October 1, 2015, the Defendant: (a) made a false statement in a mutual influoral mobile phone agency located in Suwon-si, Suwon-si; (b) the victim C faithfully pays the value of the mobile phone device and the fee for use on behalf of the mobile phone in lieu of the mobile phone; and (c) transferred the name after three months.
However, in fact, the Defendant did not have income from the bad credit standing at the time, and had a debt equivalent to three million won at the lending company, and did not have any other property, so even if he received a cell phone opening from the injured party, he did not have the intent or ability to pay the value of the device and the user fee.
The Defendant received one set of five mobile phones (C) from the victim in the name of the victim on the same day through a gallon juth day from the victim, and paid the above charges by requiring the victim to pay the victim a total of KRW 39,460 (37,380, KRW 37,380, KRW 37,380, KRW 37,380, KRW 380 on July 2016, KRW 37,380 on around July 37, 2016, KRW 380 on around February 1, 2016, KRW 7,50 on around February 2016, KRW 7,00 on around March 1, 2016, and KRW 7,380 on around August 37, 2016, KRW 50 on March 19, 2016, KRW 36,50 on May 16, 2016.
Accordingly, the defendant acquired financial benefits by deceiving the victim.
B. On December 17, 2015, the Defendant is required to pay money to the victim C by calling the victim C at an insular area of the Suwon-si (Seoul Metropolitan Government) around December 17, 2015.
The loan of money shall be repaid with no money from the end of February 2016.
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