A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On February 2, 2012, the Defendant was sentenced to four years of imprisonment with prison labor for robbery in Seoul Southern District Court on July 27, 2012, and the judgment became final and conclusive on July 27, 2012, is in the enforcement of the sentence in the net prison.

1. The Defendant embezzled, around July 22, 201, at the used cars trading complex located in Ansan-si, Gyeonggi-gu, Gyeonggi-gu, Incheon, by selling the said car to five million won free of charge on the street and embezzled on the same day while the Defendant was in custody for the victim after acquiring the DOOs car purchased under the name of the victim C.

2. On July 201, 201, the Defendant made a false statement to the effect that the Defendant would faithfully pay the victim C the face value by allowing the victim C to open and use his/her cell phone in the name of the victim.

However, the defendant had no intention or ability to pay the mobile phone charges under the name of the defendant due to the lack of special property or income at the time, even if he opens the mobile phone under the name of the victim because of economic difficulties, such as over three million won of the mobile phone charges in arrears and demanding repayment from other creditors.

The Defendant, by deceiving the victim and obtaining permission from the victim for the use of his/her name, obtained the permission from him/her to July 21, 201, and opened four mobile phones in the name of the victim from July 20, 201 to July 21, 201, and did not pay a total of KRW 3,750,730 to the victim, thereby allowing the victim to bear his/her liability, thereby obtaining pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The register of automobiles (D);

1. Investigation report (verification of the unpaid charges on mobile phones);

1. Previous records before ruling: Application of criminal records, investigation reports (a written judgment and records of confinement or confinement of each individual) and other Acts and subordinate statutes;

1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement), Article 347(1) of the Criminal Act, and the choice of imprisonment with labor, respectively;

1. The crimes of the latter part of Article 37 and Article 39(1) of the Criminal Act, which are concurrent crimes.