Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
"2016 Highest 928"
1. On September 9, 2015, the Defendant committed the fraud by deceiving the customer counterpart money, “A victim E who intends to purchase a new mobile phone at the D agency office where the Defendant works for the Defendant at Silung City, would pay the remaining installments to the existing mobile phone and return the corresponding amount in cash.”
However, even if the defendant received the above money from the injured party with the intention to use it for the personal purpose by installment payments, he did not intend to return it again after paying it in installments.
Nevertheless, the Defendant received KRW 165,00 from the injured party to the new bank account (Account Number: G) in the F name of installment from the injured party, and received KRW 16,240,70 from the time to October 26, 2015, and acquired KRW 16,240,70 in total from the 27 victims, such as the list I of the crimes in the attached Table I.
2. On August 10, 2015, the Defendant committed the fraud by defrauding a mobile phone with the customer counterpart, stating that “Around August 10, 2015, the Defendant would use the mobile phone used to pay the penalty for breach of contract by selling it and return it in cash to the victim H.”
However, even if the defendant receives the mobile phone from the injured party due to the intention to use the mobile phone sales proceeds for personal purposes, he did not intend to sell it and pay it.
Nevertheless, the Defendant, inasmuch as the Defendant, from the injured party, obtained 41 gallon in a gallon in an amount equivalent to KRW 58,000 from the market price, and obtained 558,00,00 from the damaged party, from then on October 20, 2015, “L” 10 re-years Nos. 2 and 10 as indicated in the List of Offenses II, appears to be the clerical error of “M”, thereby correcting it to “M.”
As such, a total of 22 victims acquired a mobile phone of 5,303,300 won.
3. The act of forging a private document and exercising a falsified investigation document, and committing fraud.