A defendant shall be punished by imprisonment for six months.

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

On October 31, 2014, the Defendant was sentenced to one year and six months of imprisonment for a crime of fraud at the Seoul Central District Court, and on January 20, 2015, the same court was sentenced to eight months of imprisonment for a crime of fraud, and on July 29, 2016, provisionally released on July 24, 2016 during the execution of the last sentence, and the parole period expired on August 24, 2016.

Around December 21, 2016, the Defendant concluded that “D” offices, the mobile phone sales store of the victim B in Dongdaemun-gu Seoul Metropolitan Government, “D,” which are the mobile phone sales store of the victim B, had been in arrears and continued to pay the mobile phone charges to the victim. When paying the mobile phone charges on a credit card, the Defendant would pay the mobile phone charges to the following week.”

However, at the time, the defendant did not have any intention or ability to repay even if the victim paid the mobile phone overdue charge instead of the defendant because there was no special property or income.

The defendant had the victim pay 549,000 won in lieu of the defendant's mobile phone overdue charge.

In addition, from that time until December 27, 2017, the Defendant acquired the total of KRW 12,683,491 from the victim B on eight occasions, and the total of KRW 5,245,000 from the victim E on two occasions, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Letters and Kakakao Stockholms, card-use details, F Bank replies, and G Bank replies;

1. Previous records of judgment: The application of criminal records, repeated statements and the current status of confinement Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Reasons for sentencing under Article 32 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of compensation is unclear and it is not reasonable to issue an order for compensation);

1. Scope of applicable sentences under law: One to thirty years of imprisonment;

2. The scope of recommendations according to the sentencing criteria; and