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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On June 29, 2019, the Defendant would have settled the installments remaining by selling the existing cell phone in the middle and high altitude from AP located in Gwangju Northern-gu AP to the victim AR.
“False speech was made to the effect that it was “.”
However, in fact, even if the defendant received a heavy cell phone from the injured party, he only sold it and tried to use it for living expenses, and did not have the intent or ability to resolve the remaining installments of the injured party.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the mobile phone delivery of LG Q6 at the market price of 159,960 won on the same day from the victim; (c) from January 17, 2020 to January 17, 2020, the Defendant acquired the mobile phone delivery of the total amount of KRW 3,579,020 worth of KRW 3,579,020 on a total of 13 occasions, such as the previous list of crimes 1.
2. On August 27, 2019, the Defendant would give the victim AS an opportunity to resolve the installment payments remaining in cash, if any, from the above A Q to the victim AS.
“False speech was made to the effect that it was “.”
However, even if the defendant received cash from the injured party, he only attempted to use it for living expenses and did not have the intent or ability to resolve the remaining installments of the injured party.
Nevertheless, the Defendant, as seen above, by deceiving the victim and receiving KRW 250,000 from the victim, from October 24, 2019, he received the total sum of KRW 396,940 from the time to October 24, 2019, as shown in the [Attachment 2] List 2, i.e., a total of KRW 396,940 from the victim.
3. The Defendant committing the crime of defraudation of gift certificates shall change the victim AT from the above A Q to cash on December 13, 2019.
“False speech was made to the effect that it was “.”
However, in fact, even if the defendant receives gift certificates from the injured party, he only tried to use them for living expenses and did not have the intention or ability to change them in cash.
Nevertheless, it is not possible.