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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 29, 2014, the defendant sentenced the Busan High Court to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). On July 29, 2016, the defendant paroled on July 24, 2016, and completed the execution of the sentence in the Syang Detention House on October 24, 2016.
【Criminal Facts】
The defendant is the relationship between the wife C of the victim B and the wife C of the victim C while living in the same family room of the smuggling detention house.
1. On October 23, 2016, the Defendant made a false statement to the effect that “E” mobile phone agencies located in Bupyeong-si D, Seocheon-si, would make the victim pay well a mobile phone fee in the victim’s name by telephone.”
However, the defendant did not have the intention or ability to pay the cost normally even if the opening of the cell phone was made in the victim's name.
Nevertheless, the Defendant: (a) by deceiving the victim as above and allowing the victim to open a cell phone in the name of the victim; and (b) did not pay KRW 235,382 of the mobile phone charges used from October 23, 2016 to July 16, 2017; and (c) did not bear the burden of the victim.
Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to KRW 235,382.
2. On November 29, 2016, the Defendant made a false statement to the effect that “The Defendant would lose a mobile phone and pay the mobile phone fee to the victim using the phone in the name of four (4) where he/she would have the cell phone opened in four (4).”
However, the defendant did not have the intention or ability to pay the cost normally even if the opening of the cell phone was made in the victim's name.
Nevertheless, the Defendant, by deceiving the victim as above, did not pay KRW 1,073,556 of the mobile phone fee used from November 29, 2016 to September 16, 2017, and did not bear the burden to the victim.
This is the defendant.