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

Punishment of the crime

[criminal records] On January 27, 2010, the Defendant was sentenced to four months of imprisonment for fraud, etc. in the Militarysan Branch of the Jeonju District Court on May 29, 2010 and completed the execution of the sentence in the Military Prison.

[Criminal facts]

1. On May 2012, the Defendant against the victim B made a false statement to the victim at the Da (State) shipping office located in the Gunsan-si, Sinsan-si, stating, “If he purchases a mobile phone in the name of another person to operate a mobile phone agency in Daejeon, he/she shall purchase the mobile phone at the head office and sell it to the consumers and make profits from the difference, and if he/she lends his/her name only one to two months, he/she will bear all the cost of the mobile phone terminal.”

However, in fact, the defendant opened the cell phone in the victim's name, sold the cell phone in order to use it for living expenses, etc. as the sales proceeds of the cell phone, and there was no fixed income at the time, making it difficult to pay the loan interest of the financial institution normally, and even if opening the cell phone in the victim's name, there was no intention or ability to pay the mobile phone normally.

On the 25th day of the same month, the Defendant received identification cards necessary for opening the cell phone from the injured party, and opened the three mobile phone (E, F, G) in the name of the injured party and one mobile phone (H) in around the 29th day of the same month, and did not pay 4,736,726 won in total, such as the cost of the mobile phone devices, the communication fee, etc., and did not pay 4,736,726 won to the injured party, and acquired the corresponding

2. The criminal defendant who committed fraud against the victim I;

6. On the grounds stated in the preceding paragraph, even if a person opens a cell phone under the victim’s name for the same reasons as that of the preceding paragraph, the person made such false statements to the victim even though the victim did not have an intent or ability to normally pay the mobile phone price.

The Defendant received an identification card necessary for opening of mobile phones from the injured party on the 28th of the same month, and around the 29th of the same month.