A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 16, 2011, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Incheon District Court on November 16, 201 and completed the execution of the sentence on December 10, 2012.

Even if the defendant opens and uses a mobile phone in another person’s name, he/she does not have an intention or ability to substitute the payment, or to change the name in the name of the corporation operated by the defendant after a certain period has elapsed,

1. On February 27, 2013, the victim E in New Dolim C makes a false statement to the victim E that “on the face of opening a cell phone under the name of the party, and would make a payment for the use of the cell phone, and after three months, be changed in the name of the company operated by the party,” and that it received one cell phone of the amounting to 99,900 won at the market price from the victim.

2. From F located in Suwon-si, Suwon-si on March 4, 2013, the victim made another false statement to the victim as above, and the victim received two mobile phones equivalent to the total market value of KRW 1,99,800 from the victim, respectively;

3. Around March 25, 2013, at a mutually infinite restaurant located in Yang-dong, YY, the victim G, “I will change one cell phone into the name of the party within three months, if I want to make one cell phone in the name of the party, because I need to have a telephone for business use,” and he received from the victim one cell phone of the amount of KRW 968,000 at the market price, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. Application form and details of currency;

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. In light of the fact that the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders is the period of repeated crime for which punishment is imposed, it is inevitable to severely punish the crime of fraud, but it does not have much degree of damage and does not have a new life.