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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant, while working under the name of “C” on the Internet page, was delayed in the development of social adaptation behavior through the Facebook, and became aware of D (20 years of age) with a profound degree of social adaptation. The Defendant opened a Handphone in the name of D, obtained economic benefits by selling the Handphone, and received the loan in the name of D.
1. Fraud related to mobile phones;
A. Even if the Defendant opened a mobile phone under the name of SKT mobile phone, it was thought that he would dispose of the mobile phone as “large phone,” and there was no intention to pay the cost of the device and the fee for use.
Nevertheless, on October 15, 2015, the Defendant had D, who was unaware of the fact in the F, operated by the influence of the victim’s name in Jongno-gu Seoul, Jongno-gu, Seoul, used the mobile phone and opened one cell phone in the name of D, as if the D were to use the mobile phone, pay the equipment cost and the user fee, and even after receiving one cell phone from the injured party, the Defendant did not pay KRW 1,582,70 for the equipment cost and the user fee.
Accordingly, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 1,582,770 from the victim.
B. The Defendant related to KT mobile phone fraud did not pay KRW 1,019,280,00 for the device cost and usage fee, even though he/she was transferred one cell phone from the injured party by deceiving the victim in the manner as set forth in paragraph 1(a) of the above-mentioned Seoul Jongno-gu Seoul Metropolitan Government G victim’s name in a day-to-day manner as set forth in paragraph 1(a).
Accordingly, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 1,019,280 from the victim.
2. Frauds relating to loans;
A. The Defendant had no intent or ability to repay, even if he/she applied for a loan under the name of D and received the loan.
Nevertheless, the defendant is a lending company in the name of aner.