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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal record] On May 30, 2012, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court, and completed the execution of the sentence at the Gwangju Prison on April 11, 2015.
[Criminal facts]
1. On April 8, 2016, the Defendant acquired the value of a mobile phone device and the user fee, by fraud, to the victim E, who became aware of the fact through D, the Defendant’s seat in front of the victim’s residence in the apartment C, on the racing-si, that “I would not open a mobile phone in the name of the victim because of bad credit standing, and would not open the mobile phone in the name of the victim.”
However, even if the defendant was delivered through the opening of a mobile phone in the name of the victim, he did not have the intention or ability to pay the value of the device and the user fee to the victim.
Nevertheless, the Defendant received one cell phone in the name of the victim on the same day after the end of the said false statement, and received a false statement in the same manner as of April 11, 2016, and then received a delivery by opening one cell phone in the name of the victim, and then acquired property benefits equivalent to the sum of KRW 1,142,700 as the Defendant did not pay for the two cell phone value and the fee for the use of the cell phone.
2. Fraudulent of loans;
A. On April 18, 2016, the Defendant related to the Hyundai Savings Bank stated that, within the Defendant’s passenger car parked in the Yellow Park parking lot located in the Yellow-dong, Chungcheongnam-dong, Youngdong, the Defendant “I would return the money related to the seized passbook to the Defendant and return the money to the Defendant, if I would return the money to the Defendant after obtaining the loan from the Defendant under four names.”
However, the defendant did not have an intention or ability to repay the amount by the following day after obtaining a loan under the name of the victim.
Nevertheless, the defendant is the victim who makes such a false statement.