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Defendant
A Imprisonment with prison labor for eight months, for six months, for each of the defendants B and C.
However, Defendant B and Defendant C.
Reasons
Punishment of the crime
1. Defendants A’ joint criminal conduct is the opening and overall management of the opening and management of the mobile phone of the fraud body of the victim of the mobile phone loan, and Defendant B and Defendant C are the opening and opening of the aforementioned organization’s mobile phone.
The Defendants knew that patients in hospitalized treatment due to mental illness, etc. and recipients of basic living conditions are economically lacking and lack of judgment ability. Defendants B and C accessed the victims of the above mobile phone microcredit, and introduced them to the Defendant A for the compensation of KRW 100,000 per case. Defendant A opened a mobile phone under the name of the victims introduced, and sold them through F, etc., which is a medium-sized mobile phone transaction site after receiving the above mobile phone terminal.
On May 20, 2013, the Defendants made a false statement to the effect that “A victim I who was receiving treatment of mental illness in a sick room with no knowledge of the H Hospital located in Daegu-gu G may clean up the credit if he/she opened a cell and provide it in a clean manner, may grant an additional loan, and may not pay the mobile phone price.”
However, the defendants do not open a cell phone for the recovery and loan of the victims, but actually sell the cell phone by opening the cell phone in the name of the victim and selling it at a high level, so it is not possible to make additional loans to the victims, and also the mobile phone payment should be paid by the victims who are the nominal holders.
Nevertheless, the Defendants: (a) deceiving the victims as such; (b) opened a cell phone (L) equivalent to KRW 1,047,210 of the victim I’s market price at K Agency, which is a mobile phone agent in the Daegu-gu J from the victims of the said deception; and (c) up to May 20, 2013 to June 12, 2013, including four victims, such as the victim I, as shown in attached Table 1, and (d) up to 17 mobile phones in the name of the victims.