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1. Defendant A shall be punished by imprisonment for six months.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal record] On October 25, 2018, Defendant B was sentenced to the suspension of execution for two years and six months in the Busan High Court on the grounds of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., fraud by persons with disabilities) and the judgment became final and conclusive on November 2, 2018.
[2] The Defendants: (a) made a false statement as if they were to provide loans to many unspecified persons via the Messenger; and (b) opened a cell phone under the pretext of using it as a loan review from the loan applicants; and (c) conspired to divide profits accrued from selling it into two parts.
1. On February 18, 2018, Defendant A sent to the victim C a false message stating that “a person who has difficulty in making a loan can do so on the same day,” and the Defendants sent the victim at the “E” page located in Geumcheon-gu Seoul Metropolitan Government, around 18:40 on February 21, 2018, and “a person who intends to obtain a loan of KRW 3 million from the first financial right must open his/her mobile phone in his/her name.”
However, the defendants thought that they sold the mobile phone immediately after receiving the delivery of the mobile phone from the injured party and divided the price, but there was no intention or ability to lend 3 million won to the injured party.
On February 21, 2018, the Defendants conspired to induce the victim, and acquired the victim by delivery of 1.3 million won Aphone X mobile phone under the pretext that the market price is necessary for loan review in the vicinity of Geumcheon-gu Seoul Metropolitan Government around February 19:40 on February 21, 2018.
2. On February 21, 2018, the Defendants were asked to return the mobile phone by no later than 12 days from the night, in order to receive a request from the victim C to the effect that he/she would not proceed with the loan after making one mobile phone owned by the victim C, as seen in the foregoing paragraph (1).