A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 2016, the defendant would pay the victim D a mobile phone in Daegu Dong-gu, Daegu-gu, 2016.

“The meaning of “.......”

However, the defendant did not have any specific income or property at the time, so even if he gets a cell phone from the damaged person, he did not have the intention or ability to pay the short-term installment and the user fee.

The Defendant: (a) by deceiving the victim as above; (b) delivered one cell phone of an amount equivalent to KRW 316,800 at the time of the above day from the victim to the victim; and (c) did not pay KRW 1,092,500 while using the above cell phone from around the above day to May 2016, the Defendant acquired the same amount of pecuniary benefits.

Summary of Evidence

1. Statement of the witness D and E in the fourth public trial protocol;

1. Statement made by the witness F in the sixth public trial records;

1. Statement made by the prosecution against D or E;

1. A detailed statement of the charges;

1. The Defendant asserted that he applied for a mobile phone subscription [the Defendant only used the mobile phone opening and use the mobile phone, and did not use the mobile phone by deceiving the victim to open and use the mobile phone.”

In full view of the above facts, the following points that can be seen by comprehensively taking account of the aforementioned evidence, i.e., (i) the Defendant made a clear statement on the part that the Defendant opened a mobile phone and opened a mobile phone by talking about a change in his/her mobile phone even though there is somewhat unclear part of D’s statement, and (ii) the Defendant made an abnormal statement on the part that he/she got off a mobile phone during the period in which he/she used a mobile phone, it can be sufficiently recognized that he/she received it after deceiving the victim by the Defendant

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 of the Criminal Act: