Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. On June 2016, the criminal defendant against the victim B told the victim B by telephone that “The victim B shall be entrusted with two mobile phones as security and shall be lent KRW 2 million if he/she has repaid money within three months.”

However, the defendant was thought to sell the mobile phone received from the injured party to use it as a living cost, and there was no intention or ability to lend money to the injured party.

After all, the Defendant, as such, by deceiving the victim, obtained two telephone calls from the victim to whom he/she belongs to, on June 15, 2016 and acquired them by fraud.

2. On June 15, 2016, the criminal defendant against the victim C obtained the consent of the victim C to offer a portable phone as security from B in the name of the person holding the mobile phone in the name of the mobile phone in the middle-gu, Daegu-gu, operated by the victim C, and to borrow money from the victim, although the victim did not have been entrusted with the sale of the mobile phone, the defendant was "a normally opened mobile phone, and the mobile phone sales was entrusted by B from the mobile phone owner, and sold the mobile phone with heavy weight."

In other words, 1,380,00 won was delivered from the injured party to the Nong Bank account (F) in the name of the accused, and acquired it as the sales proceeds of the telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to C and B;

1. Application of Acts and subordinate statutes to mobile phone sales contract, remittance statement, certificate of subscription to communications services, and bank transaction statement;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is based on the following circumstances, and the conditions of the sentencing indicated in the records, such as the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.