A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[2012 Highest 1958] On June 5, 2008, the Defendant was sentenced to imprisonment with prison labor for a habitual fraud in the Youngju District Court’s Yeongdeungpo-dong branch, and completed the execution of the sentence in the official prison on January 5, 2009.

On March 2010, the Defendant came to know of the victim D through the Internet hosting site “C”, and introduced the victim as “the president of the monitor manufacturer who lives in a mixed person with his father and wife”.

1. On July 7, 2010, the Defendant: (a) entered a restaurant where it is impossible to identify the trade name in Ansan-si; (b) the victim entered 3.5 million won per day of the goods shipped (transport) to monitor manufacturing business; (c) around August, 201, the Defendant stated that the victim lent money to repay without molding with the value of the goods entered at around 150 million won.

However, since the defendant did not have any certain occupation or property, even if he borrowed money from the victim, he did not have any intention or ability to repay it.

Nevertheless, the defendant is against the victim who belongs to such false statement.

7. 9. The Defendant’s agricultural bank was transferred KRW 3.5 million to the Defendant’s agricultural bank account and was issued KRW 9,171,900 in total over 15 times from around that time to December 15 of the same year as shown in the annexed List 1.

2. On July 12, 2010, the Defendant: (a) around 12, 2010, at the E agency in Boan-si, the Defendant opened only five mobile phones per capita to the victim; (b) and (c) provided them with a mobile phone to the son and the Company, and the Ga government.

One mobile phone in the name of the party shall be paid directly on the face of the week by opening the cell phone in the name of the party.

"......"

However, since the defendant did not have any certain occupation or property, there was no intention or ability to pay the price even if he subscribed to a mobile phone in the name of the victim.

Nevertheless, the Defendant, at the above time, obtained a single smartphone amounting to KRW 892,584 at the market price, which was subscribed by a 24-month installment agreement from the victim and acquired it by fraud, and on 801 mobile phone usage fees.