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Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The Defendant 1259 of the 2017 Highest 1259 was the relationship between the victim C (n, 25 years of age) and the social network Face on August 2016, which was boomed through the social network Face, and was boomed from the beginning of September to the end of November of the same year.
1. Fraud;
가. 피고인은 2016. 8. 21. 경 장소를 알 수 없는 곳에서 피해자에게 휴대전화로 연락하여 “ 뒷 주머니에 카드를 넣어 뒀는데 앉다가 부러졌다.
There is no money on other cards in need of money.
Along with 100,000 won, a false statement was made to the effect that “I will immediately send it to the treasury because I have cash in the bank.”
However, there was no cash owned by the defendant even in the bank, and there was no intention or ability to complete payment even if the victim received money from the victim.
The defendant deceivings the victim as above and received KRW 100,00 from the Nonghyup Bank account (Account Number: D) in the name of the defendant from the victim, and received KRW 50,100,000 from that time until November 18, 2016, total amount of KRW 50,100,000, as shown in the list of crimes (1) from November 18, 2016.
Accordingly, the defendant was given property by deceiving the victim.
B. On September 13, 2016, the Defendant is difficult to open to the victim’s cell phone sales store located in Gangdong-gu Seoul Metropolitan Government E in the name of the victim.
A false statement was made to the effect that the face value on loan was “to pay within the name.”
However, even if the defendant opens a mobile phone in the name of the victim, he/she did not have an intention or ability to pay the mobile phone usage fee and the installment cost.
The defendant deceivings the victim as above and uses one of the mobile phone (F) in the name of the victim, and did not pay the charges for use of the mobile phone and the installment charges for equipment, etc., so the victim did not pay the unpaid charges of KRW 826,00, and the remaining installments of KRW 843,380, and paid KRW 1,669,380, which is equivalent to the same amount.