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

Punishment of the crime

【Criminal Power】 On February 1, 2016, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. in the Busan District Court’s Dong Branch Branch, which became final and conclusive on February 1, 2016, and is currently under suspension of execution

【Criminal Facts】

1. The Defendant was unable to receive loans normally from financial institutions, loan companies, etc., and thus, the Defendant consulted those who write down a letter asking loans on the Internet with documents, such as identification cards necessary for the loans, resident registration certificates, etc., and had the loan open a mobile phone through the opening of the cell phone, and received the loan from the cell phone to dispose of it.

Around June 9, 2016, the Defendant made a false statement to the victim C, who provided loan counseling through Kakao Akaox, a mobile phone agent in the vicinity of the Eunpyeong-gu Seoul Metropolitan Government fishery Dong Cancer, stating, “In order to obtain a loan, the Defendant would have opened the mobile phone and changed the opened mobile phone. At that time, eight million won loans may be implemented.”

However, the defendant did not have the intention or ability to lend 8 million won to the victim, and was thought to dispose of it as an official machine after receiving a mobile phone device from the victim.

As above, the Defendant, by deceiving the victim as above, received from the victim one unit of cell phone (so far as gallon, D) of the market value equivalent to KRW 800,000,000, which the victim opened in his own name on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. From June 18, 2016, the Defendant: (a) entered and processed a certification number which was transmitted to the said cell phone without authority to an information processing unit of the instant cell phone (D), which is an information processing unit of the instant cellular phone (D) received from the victim C during the gallon city of Incheon Japan, as described in paragraph (1); and (b) paid a small amount of money equivalent to 45,000 won and obtained pecuniary benefits equivalent to the said amount.