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A defendant shall be punished by imprisonment for two years.
The defendant shall pay 27,301,465 won to the applicant for compensation by deceit.
Reasons
Criminal facts
On May 13, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Incheon District Court on July 21, 2016, and two months from the Incheon District Court on July 21, 2016, and completed the enforcement of each of the above punishment in the Net Prison on May 6, 2017.
1. Around August 2018, the Defendant: (a) made a false statement to the victim B, who had been intersected; (b) that the Defendant opened a limited restaurant and opened a 2 restaurant in the distribution, even though there was no certain occupation or property.
On September 10, 2018, the Defendant stated that “A card needs to be made in order to pay for operating expenses, such as construction costs and material costs,” to the victim B even though he/she did not have an intent or ability to pay for the card price. If he/she borrowed a card to use it, the card price shall be paid fully.”
The Defendant received one copy of the D Card in the name of the victim from the victim, and used 12,403,625 won in total over 338 times from September 11, 2018 to October 14, 2018, as shown in the attached Table 1, and acquired property profits equivalent to the same amount due to the Defendant’s failure to pay the price.
B. On September 20, 2018, the Defendant made a false statement that “Notwithstanding there is no intention or ability to pay the mobile phone price and the user fee, the Defendant would be liable for the mobile phone price and the user fee to B, who purchased the mobile phone under the name of the party, regardless of the intention or ability to pay the mobile phone price and the user fee.”
The Defendant received one unit of gallon phones in the amount of KRW 1,353,00 from the victim's name.
In addition, the Defendant used the mobile phone basic service equivalent to KRW 37,750 from September 20, 2018 to November 1, 2018, and acquired property benefits by using the telecommunication content and supplementary service equivalent to KRW 1,507,090 in total over 19 times, such as the attached Table 2.