Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On November 13, 2015, the Defendant was sentenced to six months of imprisonment for a violation of the Military Service Act by the Incheon District Court, and the said judgment became final and conclusive on November 21, 2015.
【Criminal Facts】
1. On January 7, 2014, the defrauded and the victim B are as follows:
On January 7, 2014, at a place where the location is unknown, the defendant told the victim to walk the phone and pay the mobile phone price and the user fee to the victim for every month when opening the cell phone in the name of the victim without a mold so as not to cause any damage to the victim.
However, at the time, the Defendant had no fixed economic income as a public service personnel, and the loan amounting to KRW 40 million borrowed from the branch and the credit card arrears amounting to KRW 9 million was extremely poor. The Defendant was thought to cover the living expenses through small payment settlement, etc. by opening the cell phone in the name of the victim. Therefore, the Defendant did not have the intent or ability to pay the cost even if he opened the cell phone in the name of the victim.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained one cell phone from the victim on the same day in the market price in the name of the victim; and (c) obtained pecuniary benefits equivalent to the same amount because the Defendant did not pay a total of KRW 4,131,600 from August 2014 to August 2014.
2. On April 18, 2015, the Defendant: (a) around 08:37, on April 18, 2015, 2015, the Defendant: (b) boarded the victim’s D taxi located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, and told the victim to drive the Defendant to the Incheon Gyeyang-gu.
However, in fact, the Defendant did not have any cash in the number and did not have any other means of approval, and there was no intention to pay the taxi fee to pay the taxi fee because of the poor economic situation, such as the statement in paragraph (1).
Nevertheless, there is a need to do so.