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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
Defendant
On October 15, 2015, A was sentenced to 10 months of imprisonment and 2 years of suspended execution in Busan District Court for fraud, etc., and the judgment became final and conclusive on October 23, 2015.
"2015 Highest 472"- Defendant A
1. Fraud against victim D;
A. On October 2013, the Defendant made a false statement to the F mobile phone agent in Jinju-si, Jinju-si, on the victim D, stating that “I would not open a mobile phone opening because of bad credit standing, and would pay all the charges if I lent the name, and bring it out to the name after three months.”
However, at the time, the defendant had no intention or ability to pay the fee normally even if he/she rents his/her name from the damaged person to open and use the mobile phone.
The Defendant: (a) deceiving the victim as above; (b) allowed the victim to use the cell phone in the name of the victim; and (c) did not pay KRW 418,130 and the amount of KRW 816,020 and the amount of money used from December 18, 2013 to March 31, 2014; and (d) thereby obtaining property benefits equivalent to the same amount.
B. On December 30, 2013, the Defendant made a false statement to the victim D, “I would pay the deposit money for the lease on a deposit basis for an apartment in return for the lease on a deposit basis without discharge, if I lend money to the victim D, because I did not receive the refund money for the lease on a deposit basis for an apartment in return for the lease on a deposit basis.”
However, at the time, the defendant was not liable for damages due to bad credit standing, and if the defendant deducted the management fee in arrears from five million won for the apartment deposit, he did not have the intention or ability to repay the amount even if he borrowed money from the injured party because the money actually received is almost no.
The defendant deceivings the victim as above, and 18K gold 2.8 million won per market price from the victim, thereby deceiving the victim.
2. The victim G.