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Defendant
A 4-A of the judgment of the court below
In respect of the crimes, one year of imprisonment, with prison labor, for each of the crimes listed in the holding.
Reasons
Punishment of the crime
Defendant
A shall be sentenced to imprisonment with prison labor for six months for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul Northern District Court and on July 22, 2010, and one year of suspended execution for the same year.
7. The judgment was final and conclusive; on February 17, 201, two years of probation were sentenced to imprisonment with prison labor for special larceny, etc. on February 25, 201; on October 27, 2011, the judgment was finalized; on October 4, 201, two years of probation were sentenced to imprisonment with prison labor for property acquisition, etc. on October 27, 201, and the judgment was final and conclusive on November 4, 201; on May 25, 2012, two years of probation were sentenced to imprisonment with prison labor for not more than ten months;
6.2. The person for whom the judgment has become final and conclusive.
1. Defendants A, C, and B were intellectual disabilities Grade 3, and Defendants B conspired to use their disposal proceeds for entertainment expenses, etc. by deceiving or getting the victims, who are the mentally handicapped, relatively more intelligent, to get a cell phone or loan under the name of the victims.
On December 25, 2013, the Defendants made a false statement as if they would pay the victim the cost of using the cell phone in the name of the victim at the “J” mobile phone agent located in Seongbuk-gu Seoul Metropolitan Government I.
However, even if the cell phone in the name of the victim is opened, there was no intention or ability to pay the cost of use including the device cost.
As such, around December 25, 2013, the Defendants conspired to induce the victim, and caused the victim to open each unit of LGY3 mobile phones with an amount equivalent to KRW 89,800 at the market price and one cell phone with an amount equivalent to KRW 699,600 at the market price, and received it and acquired it by fraud from the time to January 2, 2014.
B. On January 6, 2014, the Defendants committed fraud against the Victim K at the “M” mobile phone agency located in the Gangnam-gu Seoul Metropolitan Government L, Gangnam-gu.