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A defendant shall be punished by imprisonment for two years.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
On January 28, 2016, the Defendant was sentenced to three years of imprisonment for fraud, etc. in the Suwon District Court's Ansan Branch's Ansan Branch's mountain support. On December 30, 2017, the Defendant released the Defendant from a pardon of exemption from the execution of the punishment and completed the execution of the punishment.
From June 22, 2018 to September 13, 2018, the Defendant served as a salesperson from D in the 9th floor of Guro-gu Seoul Metropolitan Government C building.
1. On July 1, 2018, the Defendant of the first mobile phone fraud: “Aphone X 256 equipment was released from Aphone X 256, and even if part of the customer’s money was paid in cash, if the customer’s money was paid in cash, the amount less than 1,557,60 won may be reduced to 20,000 won. The written application for subscription is written as if the customer’s money was included in the principal to be paid in cash, but the part is not written as if the customer’s money was included in the principal to be received in cash by the end of the following month.”
However, in fact, the Defendant received cash from the victim as the price for the mobile phone, and thought to use the Internet gambling fund and living expenses. At the time, there was no particular income other than the monthly wage received from the above mobile phone sales store. It was thought that the Defendant would not return the mobile phone price in cash or in cash from the customers, and even if the Defendant received the mobile phone price from the victim, he did not have the intent and ability to treat the mobile phone price that was paid in cash at the end of the following month as being normally deposited.
Ultimately, the Defendant, by deceiving the victim as above, received cash KRW 600,000 from the victim to the F account (G) in the name of the Defendant as the mobile phone price, from around September 10, 2018, and acquired KRW 16,885,00 in total on 26 occasions, as shown in the attached List 1, from around September 10, 2018.
2. Mobile phone price;