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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On February 22, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for eight months at the Cheongju District Court, which became final and conclusive on March 1, 2012, and the suspended execution was revoked on September 12, 2012 during the suspended execution period. On January 31, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor at the Cheongju District Court for fraud and the judgment on May 27, 2013 became final and conclusive.
【Criminal Facts】
After receiving letters related to a mobile phone security loan from a person with no name, the defendant opened a mobile phone in the name of the defendant C, and sold them to the above person with no name, and used them for using them.
1. On October 17, 201, at around 12:00, the Defendant made a false statement to the victim F, “C, who is his/her birth, requested the opening of his/her mobile phone under the name of C”, and made a new contract, etc. for the mobile phone service in the name of C, and had the above person in the name of C make a false statement to the victim by pretending that he/she was the victim’s horses.
However, C did not allow the defendant to open a mobile phone under his own name, and the defendant did not have the intent and ability to pay the installment of the mobile phone so opened.
The Defendant received two mobile phone units from the victim, namely, Samsung Gallona in an amount equivalent to the market price of 847,000 won.
Accordingly, the defendant was given property by deceiving the victim.
2. On October 17, 201, the Defendant forged private documents in E located in Chungcheong-gun D, Chungcheong-gun on October 17, 201, stating “C”, “G”, and “C” to the customer information name column of the application for subscription by using a testing type pen on two pages of the new service contract paper kept therein, and signing on “C” and resident registration number on the side of the name of C using a testing type pen on two pages of the contract paper for the installment sale and purchase of a device.