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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On May 4, 2012, the Defendant, at the Seoul Southern District Court, sentenced two years of imprisonment and fine of three million won for fraud, etc., and completed the execution of the sentence on March 19, 2013.
[Judgment of the court below]
1. On June 18, 2013, in a coffee shop where the trade name in Gyeyang-gu Incheon Gyeyang-gu could not be known, the fraud Defendant made a false statement to the victim C, stating, “The Defendant will substitute for the document work necessary for the loan to obtain a prior generation and credit loan from the first financial right. In the course of performing the loan work, the Defendant will only use two mobile phone calls from bank bills and return the loan when he/she receives the loan only when he/she receives the call from bank bills if he/she takes over two mobile phone calls from bank bills. If the loan is made, 30% of the loan will be changed with fee.”
However, in the context of lending brokerage, the victim did not need to obtain a mobile phone in the name of the victim, and the victim knew that it is impossible to obtain an additional loan due to the loan of the existing nine million won, and even if the victim received a mobile phone from the victim, there was no intention or ability to do so. After receiving the mobile phone from the victim, the victim obtained profits through the mobile phone small-sum settlement, etc., or sold it by selling it as a 'telphone'.
The Defendant had the victim open two mobile phones (F, G) in the “E” located in Nam-gu, Incheon Metropolitan City on the same day, and then received two mobile phones equivalent to the total market value of the victim in front of the same day from the victim on the same day. The Defendant used the aforementioned mobile phone to make a small payment or sell the same as a mobile phone to those who have failed to receive the name, thereby allowing the victim to use the mobile phone, and impose charges for the use of the mobile phone equivalent to the total of KRW 1,56,910.