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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
On February 2, 2012, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Daejeon District Court, and was released on April 30, 2013 and the parole period expired on July 4, 2013.
[2014 Highest 2612] On September 2013, the Defendant came to know of the Victim C at a meeting of friendship police officers and became close to the victim C.
1. The Defendant did not have any property owned on September 2013, and even if the Defendant borrowed money from another person or used Handphones via a large amount of debt to pay 80 million won, the Defendant did not have any intent or ability to pay Handphones.
On September 26, 2013, the Defendant: (a) sent a phone to the victim at the front-west Eup resting area, and received from the victim a total of KRW 500,000 won from his own account on the same day as the loan money; (b) received KRW 700,000,000 from the victim to his own account on the same day; and (c) received money from the victim from December 16, 2013, total of KRW 41,30,000,000 from the victim as stated in the attached Table 1 of the Crime List from December 16, 2013.
B. On September 25, 2013, the Defendant, in Daejeon located in Daejeon, a mobile phone sales agent, should ask the victim to pay a penalty on the termination of the contract to replace the mobile phone. On the face of opening a mobile phone in the name of the party, the Handphone charge should be paid at the cost. On the other hand, the Defendant got off the mobile phone in the name of the party and opened the LG U U U U U U U (F) in the victim’s name with the consent from the victim, and then used the mobile phone until January 2014, and did not pay the sum of KRW 1,67,000 and KRW 623,610, total of the mobile phone charges, and thereby acquired the pecuniary benefit equivalent to the same amount.
C. On November 27, 2013, the Defendant at a mobile phone sales agency located in the astronomical site, the Defendant broken the victim’s cell phone that is too inflammable.