A defendant shall be punished by imprisonment for one month.

Punishment of the crime

[criminal records] On April 20, 2016, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Busan District Court, and the execution of the sentence was terminated on October 2, 2016 at the Busan District Court. On November 29, 2017, the Busan District Court sentenced one year and two months of imprisonment for fraud, etc. and became final and conclusive on December 20, 2017.

[2] The Defendant: (a) from March 2017 to March 1, 2017, when the victim temporarily used his/her mobile phone from the victim’s home located in Kimhae-si B 107; or (b) lent his/her mobile phone from the victim to the victim to temporarily use his/her mobile phone; (c) purchased the game machine, etc. by settling the victim’s mobile phone with the victim’s mobile phone; and (d) intended to sell it through the brokerage website.

On March 9, 2017, the Defendant: (a) lent the victim’s mobile phone temporarily at the above location; (b) received the Defendant’s phone from the Plaintiff; and (c) purchased “D” mobile games,” which is an item of the game, by entering the certification number received from the said mobile phone without authority; and (d) settled USD 9.9 by entering the certification number received from the said mobile phone into the said mobile phone without authorization; and (c) from that time until June 1, 2017, the Defendant acquired a total amount of KRW 21 times in total by entering information without authority in the victim’s mobile phone, such as the list of crimes, and allowing the victim to process information without authority.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Details of settlement of small amounts and requested documents;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, the current status of personal expropriation, sentence, and the result of the integrated search of KICS;

1. Relevant Article 347-2 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

3. The period of repeated crimes resulting from the same kind of crime as the sentencing reasons for Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code aggravated concurrent crimes.