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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal Justice] On January 5, 2015, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Jung-gu District Court on April 21, 2015, and completed the execution of the sentence in the Jung-gu prison on April 21, 2015. On November 30, 2018, the Defendant appealed one year and six months of imprisonment for fraud in the Sung-gu District Court’s Sungnam branch, and is still pending in the appellate trial at the present Suwon District Court.
【Criminal Facts】
1. On June 16, 2016, the criminal defendant against the victim AC made a false statement to the victim AC, which was known to the victim at the Namyang-si, stating that “One of the two mobile phones via a cell phone is used, one of them is paying the value of the device and the telephone fee while using the cell phone, and the other one is selling to AD to pay the price.”
However, the defendant did not have any intention or ability to pay the user fees, including the value of the device, or pay the user fees in AD even if he/she receives the cell phone opening from the victim without any import.
The Defendant, by deceiving the victim and allowing the victim to open two mobile phones on the same day, obtained the victim’s pecuniary benefits equivalent to the amount of KRW 928,200 by not paying the amount equivalent to the telecommunications fee for three months even though he/she used the above mobile phone, and received the victim’s 6S 1,130,80 won of the market price under his/her name.
2. Crimes against the victim AE;
A. Around December 23, 2016, the Defendant concluded that “AGPC bank” located in Pyeongtaek-gun AF, “AGPC bank” with the victim AE (“AGPC bank is planned to start a company, and the account with funds cannot be suspended and withdrawn,” and that the Defendant would start a company and start a business if the head of the Tong and password would be run by lending to the account in the name of thener.”
However, in fact, the defendant extended a loan to the victim under the name of the victim without any funds to start a business.