A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[2019 Highest 1532] In order to raise the living expenses with D, the Defendant was in front of the BP operated by the victim BO located in Siigu, BN around October 13, 2018. The Defendant reported the network in the surrounding areas, and D damaged the locking device by inserting the drur on the date it was prepared in the entrance gate. After the Defendant intruded into the above entrance, the Defendant attempted to have the cellular phone located in the said store, but did not have the intention of the emergency level on the wind of the guard company.

[2019 Highest 1676] On October 17, 2018, the Defendant posted a letter on the “Tgallon A8 Smartphone” on the Internet’s trading site of used goods, and then sent the price to the victim B Q who reported and contacted the fact that the Defendant did not have a mobile phone at the time, and thus, the Defendant did not have any intent or ability to sell the goods as agreed even if he received the price for the goods from the victim because he did not have a normally sold mobile phone.

Nevertheless, as above, the defendant deceivings the victim as above and took over KRW 150,000 from the victim to the BR bank account under the name of the defendant on the same day.

Summary of Evidence

[2019 Highest 1532]

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written statement of BO;

1. On-site photographs, crime scene images (2019 high group 1676);

1. Defendant's legal statement;

1. A statement of Q;

1. Application of Acts and subordinate statutes for account transfer certificates;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 342, 331 (1) and (2) of the Criminal Act (the point of attempted special larceny) and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment with labor);

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

1. The crime of special larceny for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act was committed, and the amount of fraud is not substantial in the case of fraud.