A defendant shall be punished by imprisonment for not less than eight months.

An applicant for compensation shall be dismissed.

Punishment of the crime

[criminal power] On April 24, 2015, the Defendant was sentenced to three years of suspension of the execution of imprisonment for fraud at the Daegu District Court for two years, and the judgment became final and conclusive on May 2, 2015.

【Criminal Facts】

On August 25, 2014, the Defendant made a false statement to the victim B, stating that “Once he purchases and repairs a heavy cell phone, he may benefit from the purchase and repairs of the cell phone. 500 cell phones now, the Defendant made a false statement to the effect that he would pay 8.75% of the profits and principal after 2 weeks, by remitting the 100 cell phone money, to the 8.75% of the profits and principal after 2 weeks.”

However, in fact, the Defendant had been running from February 2012 as a side business of the mobile phone agency with the amount of KRW 100 million, and was thought to use the personal debt and living expenses by receiving money from the victim, and thus there was no intention or ability to purchase and repair the mobile phone.

As above, the Defendant, by deceiving the victim as above, received KRW 13.8 million from the account of community credit cooperatives under the name of the Defendant on August 25, 2014, and acquired KRW 24.4 million in total with the same account on August 28, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details explaining the Defendant’s preparation, detailed statement of scheduled settlement for the SK Telecom, and financial transaction statement;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to judgments of the same type of fraud) Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act, the choice of imprisonment, inclusive, with prison labor under Article 347(1) of the same Act and the

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reasons for sentencing are as follows: Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (the scope of liability for compensation is unclear and thus it is not reasonable to issue an order for compensation). The defendant commits the crime in this case.