Text
Defendant
A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.
However, this judgment is delivered to the Defendants.
Reasons
Punishment of the crime
1. The Defendants were able to collect money from the victim C, who is a disabled person of the third degree in the mental body, and opened a mobile phone in the name of the victim, and sold the money, thereby having the intent to share the money.
On June 13, 2018, the Defendants made a false statement to the D Welfare Center that “The Defendants would enable the victims to open a mobile phone in the four names.”
However, in fact, the defendants thought that they would dispose of the mobile phone in the name of the victim and make the proceeds divided into the defendants, but they did not have the intent or ability to divide the amount into the victim's mobile phone or to have the victim punished money.
The Defendants: (a) by deceiving the victim as such, moved the victim to “G” of the E building f of Bupyeong-si, Bupyeong-si; (b) let the victim open the 2 mobile phone “Aphone X” in a new way; and (c) obtained two cell phoness from the victim and acquired them by deception.
From that time until June 26, 2018, Defendants acquired the total amount of 5,442,80 won through three occasions, such as the list of crimes in the attached Table, from that time to that time.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each prosecutor's interrogation protocol against the Defendants
1. Statement by the prosecution concerning C and H;
1. Each police statement made to C and I;
1. A complaint;
1. Application of the Acts and subordinate statutes to investigation reports (verification, etc. of damage to victims) and application for cellular phone entry;
1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [the scope of recommendation] is the mitigated area (one month to one year) (one year), the mitigated area (one year to one year), or considerable amount of punishment.