A defendant shall be punished by imprisonment for not less than two years and four months.

Punishment of the crime

On November 18, 2015, the Defendant was sentenced to two years of imprisonment in Seoul Western District Court for fraud, etc., and was released on March 30, 2017 in a governmental prison on the execution of the sentence, and the parole period expired on June 24, 2017.

"2019 Highest 303"

1. Fraud;

A. On December 21, 2017, the Defendant sent a photographic file of the E resident registration certificate, which was received from E prior to the opening of the E mobile phone, to the said D, with the victim D, who works at the mobile phone sales store in the Dongbcheon-si, 2017, by telephone, “In this case, the Defendant obtained the permission from E, and changed the number of mobile phones 1 and 2 mobile phone PC in the name of E, with the permission from E., and the payment of the installment and the fee for the use of the mobile phone.”

However, in fact, the Defendant did not have obtained permission from E for the opening of the aforementioned mobile phone and the block PC, and even if he received the mobile phone and the block PC opened in the name of E, he did not intend to dispose of it immediately and use it as living expenses, etc., so there was no intention or ability to pay the installment and the fee.

Nevertheless, on December 21, 2017, the Defendant: (a) by deceiving the victim as above; and (b) received from the victim, one cell phone PC equivalent to KRW 1,557,600 in the market price opened in the name of E from the mobile phone sales store in Gyeonggi-si, the Government-si, the Gyeonggi-si, and received from the victim one string PC equivalent to KRW 1,046,100 in the market price; and (c) one string PC equivalent to the market price of KRW 352,00 in the market price.

Accordingly, the defendant was given property by deceiving the victim.

B. On May 3, 2018, the Defendant, at the I mobile phone retail store located in Dongbcheon-si H on May 3, 2018, presented K’s resident registration certificate, which the Defendant had been receiving from K prior to the opening of the cell phone.