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

Of the facts charged in the instant case, the larceny is acquitted.

Punishment of the crime

[Criminal record] On October 19, 2017, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Incheon District Court, and the above judgment became final and conclusive on October 27, 2017.

[2] On July 1, 2017, the Defendant paid KRW 44,270 per month to the victim D by opening a 7 mobile phone in the Gyeyang-gu Incheon Metropolitan City B shopping mall 209, by adding up the telecommunications rate of KRW 44,270 per month to the victim D.

At present, it made a false statement to the effect that the opening of Sundays would be harmful to the daily day and the mobile phone would be changed first.

However, in fact, the Defendant was in a situation where it was impossible to open a cell phone in the name of the Defendant due to the unpaid amount of 3.2 million won for the existing communications expenses, and when notifying the victim of the fact that there was a unpaid amount of communications expenses, it is impossible for the victim to open the cell phone. Therefore, the victim entered into a contract to purchase the cell phone on Sundays where it is impossible for the victim to know the existence of the unpaid amount. Also, the Defendant thought that the aforementioned cell phone was disposed to be disposed of to others and the living expenses were prepared, so there was no intention to pay the paid amount for the cell phone, such as there was no intention to return even if the victim

The Defendant, as such, by deceiving the victim, received a delivery of 7 mobile phones and chips from the victim, which amount to the total market value of KRW 1,008,70,000, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written complaint and contract;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, the reason for sentencing provided for in Article 39 (1) of the same Act;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than ten years;

2. The instant crime of this case, which was decided upon a sentence, shall be in the relationship between fraud and the latter part of Article 37 of the Criminal Act.