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

Punishment of the crime

[2] On February 21, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Busan District Court on May 22, 2013 and completed the execution of the sentence at the Busan Detention House.

[2] The Defendant and C acquired 1 unit of a Grand-type cell phone in the gallon juth of 550,000 won at the market price of D’s loss, and the Defendant demanded the victim E, who is the wife of D stored in the above mobile phone, to display a telephone, and demanded the case cost to change the case cost, and C conspired to acquire money from the victim by providing the account to receive remittance of the case cost as the case cost.

On March 8, 2014, from around 01:10 to around 02:40 on the same day, the Defendant left the phone to the victim with D’s cellular phone from the French colonial district to the victim, thereby getting off “F restaurant, young pets immediately leave D’s cell phone with 170,000 won.”

When transferring KRW 100,00 to the Busan bank account (G) in the name of C, the mobile phone will be returned.

“A false statement,” and C provided the said Busan Bank Account for committing a crime.

However, even if the defendant and C receive 100,000 won from the injured party, they did not intend to return the above mobile phone to the injured party.

The defendant and C attempted to defraud the above money from the victim by deceiving the victim as such, but the victim failed to remit the money to the attempted money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the statutes governing text messages received by victims;

1. Relevant Articles 352 and 347 (1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Consideration, such as the fact that an appellate court is pending after having been sentenced to three years and six months of punishment for a crime similar to this case on the grounds of sentencing Article 35 of the Criminal Act for aggravated repeated crimes, and that the crime has not caused damage to an attempted crime;