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Defendants shall be punished by imprisonment for six months.
However, with respect to Defendant A and B, it shall be for two years from the date this judgment becomes final and conclusive.
Reasons
On June 5, 2019, Defendant A was sentenced to a suspended sentence of three years for a crime of violation of the Road Traffic Act at the Jung-gu District Court on the following day: (a) on the 13th day of the same month, Defendant A was sentenced to a suspended sentence of three years; (b) on December 12, 2019, Defendant A was sentenced to a suspended sentence of two years for a crime of fraud at the Jung-gu District Court on the 20th day of the same month; and (c) on December 20, 2019,
Defendant
C was sentenced to six months of imprisonment for fraud, etc. at the Suwon District Court on December 14, 2017, and the judgment became final and conclusive on May 31, 2018, and was released by revocation of detention on February 28, 2018, which was before the judgment became final and conclusive.
Criminal facts
On October 22, 2018, the Defendants conspired to use the system of small amount settlement and remittance of mobile phones in the name of the victim using the USIM of the opened mobile phone.
On December 2, 2018, the Defendants installed the USIM of a mobile phone opened under the victim’s name in another mobile phone device, and then entered information without authority as if the victim transferred KRW 10,000 to F, and transferred KRW 10,000 from the victim’s account registered in the “E” application to F, and used the account transfer of KRW 19,49,751 in total and the mobile phone small payment service from around 62 times, as shown in the attached list of crimes.
As a result, the Defendants conspired to enter information into a computer or other information processing device without authority and acquired financial benefits equivalent to 19,449,751 won.
Summary of Evidence
1. Each police's statement and attachment data (related to the settlement of mobile phones) about Defendant A and C's each legal statement, Defendant B's legal statement about Defendant B's witness D's legal statement;
1. Previous convictions as indicated in the judgment: Each criminal record (A), each district court of the Republic of Korea, 2018 Godan1177, 2017 Godan5892, 2018No166, and the Supreme Court of Suwon District Court.