beta
Text
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for four months.
The seized mobile phone Samsung Trine, apparatusSCH.
Reasons
Punishment of the crime
[criminal power] On June 27, 2014, Defendant A was sentenced to six months of imprisonment with prison labor for a crime of violating the Punishment of Tax Evaders Act in the Chungcheong District Court’s Chungcheong Branch, and the judgment became final and conclusive on May 22, 2015. On October 19, 2016, Defendant B was sentenced to three years and six months of imprisonment with prison labor for a crime of fraud, etc., and the judgment became final and conclusive on December 26, 2016. Defendant B was sentenced to two years of imprisonment with prison labor at the Incheon District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Ansan Prison on January 20, 2013. On December 22, 2016, the Seoul East District Court sentenced the suspension of the execution of the sentence to one year of imprisonment with prison labor at the Dongdaemun District Court for a crime of fraud, etc. and became final and conclusive on December 30, 2016.
【Criminal Facts】
1. On May 2013, when Defendant A and Defendant B sent a cell phone to the victims via phone calls with infinites, Defendant A and Defendant B conspired to take the role of delivering a cell phone according to the direction of Defendant A, by deceiving the victims to use the phone as if they were to provide loans and sell it to other criminal organizations. Defendant A and Defendant A, when sending the cell phone to the victims through high-speed bus baggage, door-to-door delivery, and Kwikset service, instructed the victims to check the cell phone and deliver it to B, and Defendant B conspired to deliver the cell phone in accordance with the direction of Defendant A.
In accordance with the above division of roles, the above person who was absent from his name made a false statement that he would make a loan if he sent it by telephone to the victim C by means of telephone from the unclaimed land on June 11, 2013.
However, if the victim opens a mobile phone and sent it, the Defendants had the purpose of using it for the crime by distributing it with the name of the cellphone, and there was no intention or ability to make a loan.
The Defendants deceiving the victims as above.