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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 2016, the Defendant became aware of the victim C of female job-friendly job offers of B through the introduction of social-friendly job offering B.
On November 2016, the Defendant was in a state where the Defendant was liable for the debt to the financial right KRW 30 million, and the mobile phone fee KRW 50 million was unpaid, and there was no special occupation, and the monthly income was not fixed, and there was a circumstance that the Defendant could not receive monthly income or KRW 300,000,000 for support of a pregnant her wife and two children. The Defendant attempted to obtain financial profit by selling a mobile phone from the injured person via the cell phone in the name of the injured person, or by acquiring the loan under the name of the injured person.
1. On November 13, 2016, the Defendant made a false statement to the effect that “G U + fraud related to the purchase of mobile phones will open a mobile phone to the victim before the victim in Daegu-si, Seogu, Seoul-gu, because he/she has no relation with the victim, and thus, he/she will open the mobile phone, use the mobile phone as a main part, and cause no problem.”
However, even if the defendant opens a mobile phone in the name of the victim, he thought that he would dispose of it as a mobile phone, so that he did not intend to pay the cost of the device and the cost of use.
Around November 13, 2016, the Defendant: (a) by deceiving the victim; (b) caused the victim to open two cell phoness (F and G) with approximately KRW 1,152,800 of the market price in the above E around November 13, 2016; and (c) caused the victim to deliver two cell phoness before the said agency on the same day, the Defendant did not pay KRW 5,204,850 in total the amount of the equipment cost and the fee for use.
Accordingly, the Defendant was given a total of 5,204,850 won pecuniary benefits by deceiving the victim.
2. On November 17, 2016, the Defendant made a false statement to the effect that “Around November 17, 2016, the Defendant involved in the purchase of SKS mobile phones would pay back the mobile phone in his/her name at the front of the victim’s company located in Daegu Seo-gu, Daegu-gu, to open the mobile phone in his/her name.”
However, the defendant is a cellular phone.