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A defendant shall be punished by imprisonment for six months.
However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed against the defendant.
Reasons
Punishment of the crime
1. The Defendants conspired with B, C, D, E, F, and G to offer a loan to the name of the head of the Tong by deceiving him.
On May 14, 2012, in collusion with B, C, D, E, F, and G, the Defendant: (a) sent a text message to a large number of unspecified cell phoness on the 5th floor “I” office of the H building in Seongdong-gu, Seoyang-gu; (b) and (c) sent such text message to the victim J who reported and contacted the said text message, and (c) received a new bank (Account Number) from the victim’s new bank (K) cash card, passbook copy, password, etc. from a high-speed bus terminal on the same day from the victim, as if the Defendant had no intent or ability to keep the loan.
The Defendant, in collusion with B, C, D, E, F, and G, received a total of 78 victims from around the above time to May 28, 2012 (number 1 to 78 per annum), Defendant B, C, and D from around May 29, 2012 to May 31, 2012, a total of 28 victims (number 79 to 106 per annum), Defendant B, and C from June 1, 2012 to June 3, 2012, respectively, a copy of the cash card, passbook from the victims of the total of 8 victims (number 107 to 114 per annum) in the above manner.
Accordingly, the defendant was provided property by deceiving victims in collusion with B, C, D, E, F, and G.
2. The Defendant, in collusion with L, B, C, M, and G, intended to offer a loan to the person under the name of the head of the Tong. The Defendant offered to offer the passbook.
In collusion with L, B, C, M, and G on June 4, 2012, the Defendant: (a) sent text messages to an unspecified number of cell phones No. 428, U.S.-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, despite having no intention or ability to prevent the loan; and (b) made a false statement to the victim’sO who reported and contacted the foregoing text messages; and (c) made it on the same day from