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Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.
, however, from the date this judgment becomes final.
Reasons
Punishment of the crime
The Defendants are going in the form of a contract written in the name of “C” and “D” and have been established free of charge against the persons listed on the list of customers obtained from “A”. However, our country also has to accumulate business performance and pay the telephone rate of KRW 4 million in advance if the settlement is made in advance. In the absence of cash, the Defendants would receive a credit card loan and pay interest on a temporary basis. In the absence of cash, payment of the pre-paid currency right of the special telecommunications company would result in the payment of the pre-paid free currency right of the said settlement amount by receiving the aforementioned amount of the settlement amount from the victims.”
Accordingly, on March 14, 2013, Defendant A installed victim G at the near FM parking lot in Seocho-si, Seosan-si, and said to the effect as above, Defendant A said that he would pay telephone fees in advance.
However, even if Defendant A received the settlement payment, it was thought that he would use it as living expenses or allowances, etc., rather than reserving it in advance to H, which is a separate telecommunications business operator, and there was no fact that Defendant A sold a free call ticket or set a prepaid call fee in the separate telecommunications business operator, and there was no way to allow the free exchange event for internal funds.
Nevertheless, as above, Defendant A, as well as Defendant A, by deceiving the victim G, received KRW 4 million from the victim G around that time, and the Defendants conspired with the same method from January 201 to March 14, 2013, and acquired KRW 372,035,00 in total against the victim, who was 105 in total, from January 1, 2010 to March 14, 2013 (Provided, That Defendant B, however, was involved in defraudation of KRW 29,445,00 in aggregate from Nos. 98 to 105 of the crime sight table).
Summary of Evidence
1. Defendants’ respective legal statements
1.As to I.