Text
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Criminal facts
The Defendant was between the victim B and the Defendant from July 3, 2018 to August 2018, 2018.
1. Fraud;
A. On July 6, 2018, the Defendant stated that “The Defendant would make the victim pay both the cost of equipment and the fee for use while opening or using the mobile phone in four names.”
However, the defendant did not have certain income, and the credit card was in excess of his/her obligation, so there was no intention or ability to pay the mobile phone cost and the user fee which he/she opened in the name of the victim.
The Defendant, by deceiving the victim as such, had the victim open a mobile phone (communication D and mobile phone number E), and used it to obtain pecuniary benefits equivalent to KRW 3,480,545, including KRW 79,70, and KRW 2,680,845, and KRW 3,480,545.
B. On July 10, 2018, the Defendant stated that “The Defendant would pay the Defendant a loan of five million won at the face of Jeju-gu, Daejeon-gu, Daejeon-gu, that “The Defendant will pay the Defendant a loan at the face of Jeju-do, with a loan of five million won in its name.”
However, the Defendant did not have any intention or ability to repay the loan, because the Defendant did not have a certain income, and credit card was in excess of the obligation due to delinquency.
The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim in cash on the same day.
C. On July 24, 2018, the Defendant stated that “A mobile phone that had been opened and opened prior to the Defendant’s residence in the name of the Defendant, which was located in the Daejeon Seo-gu F building G, should be paid both the cost of equipment and the cost of use.”
However, in fact, the defendant did not have certain income, and because the credit card was in excess of his/her obligation, there was no intention or ability to pay the mobile phone cost and the user fee which he/she opened in the name of the victim.
The defendant deceivings the victim and is under his control.