A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On May 9, 2013, the Defendant was sentenced to three years of imprisonment for special robbery at the Seoul Central District Court, and was released on February 29, 2016 and the parole period expired on April 16, 2016.

On June 2016, the Defendant made a false statement to the victim B, “A mobile phone contract cannot be made in the name of a person with bad credit standing. If the Defendant borrowed his/her name, the mobile phone installment and charge will be borne by him/her, and it will be changed in the name within three months after the third month.”

However, the fact is that the mobile phone installment and the fee are borne, and there was no intention or ability to transfer the name.

On June 24, 2016, the Defendant obtained the consent from the injured party to open and use a mobile phone in his/her own name, and around August 2016, the Defendant opened one cell phone unit for a Soviet 7 mobile phone unit in the case of the victim's gallon block in the case of the victim's name from August 2016, and used it until August 2016, and did not pay KRW 2,497,170 in total the end fees and the use fees.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. B written statements;

1. Details of claims on mobile phone rates;

1. Details of mobile phone use;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the period of repeated crime of the suspect), text of judgment, and current status of personal expropriation;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The criteria for sentencing the reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] General Frauds No. 1 (less than KRW 100 million) and the conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be comprehensively taken into account under the decision of sentencing the basic area (from June to January 1).

- The defendant shall be sentenced to three years of imprisonment for special robbery.