An 18-year-old fraudster who bilked vulnerable elderly people out of thousands of dollars in a false representation scheme has been spared six months in custody. A lenient sentence worthy of a “juvenile court,” according to the judge, had no choice but to endorse the joint recommendation of the Crown and defence.
“This crime spanned two years. Six months is a juvenile court sentence. Lucky for you this is a general recommendation, I won’t interfere. I would have sent him to prison, I guarantee you,” Judge Pierre Belisle marveled last week.
Judges must generally accept joint recommendations. Since the Cook decision in 2016, the Supreme Court has increasingly barred a judge from rejecting such a recommendation.
Judge Belisle was displeased with the lenient sentence proposed in Kobe Elong’s case. The 18-year-old CEGEP student pleaded guilty to charges of fraud, attempted car theft and possession of burglary tools. He will serve a total of six months in prison.
“Let me remind you that we are not in youth court. We are in adult court and we have to show that,” Judge Belisle instructed before hearing a joint submission from both sides.
The recommended sentence takes into account the early settlement of cases and the fact that the fraudster is starting his adult life.
“It’s a good start,” joked the Quebec court judge.
Six adults Victims of fraud
Kobi Elong conned six vulnerable senior citizens into obtaining their debit cards and PINs through a widespread crime, false representation fraud.
Same operation every time: the targeted person receives a phone call from a person posing as a police officer. The latter explains to the person that they have been scammed. He suggests keeping his ATM cards and PIN in an envelope outside his home. The robbers collect everything and withdraw money from the accounts of the victims, usually seniors.
Gobi used the Elong cards within an hour of the fraudulent calls. An accomplice, who cannot be identified by police, is responsible for contacting the victims.
One of them actually felt disappointed within minutes of being invited. But the damage has already been done: the envelope left on his doorstep has already disappeared.
Kobe Elong used this trick six times in the summer of 2023.
Banks reimbursed the lost amount despite the stranded citizens voluntarily submitting their PINs. “These are vulnerable people. This is a very well-known tactic used by banks,” the Crown attorney explained.
Losses for the three targeted financial institutions were estimated at $10,606.18. The total fraud was almost $23,000 because Kobe Elong made other attempts that failed thanks to the imposed withdrawal limit.
Officials have identified the young offender from the footage captured by a surveillance camera near the ATM. As the victims send their PIN, he can easily get the maximum withdrawal amount there.
A heinous crime, step Judge
“Just because they are banks, we shouldn’t say it doesn’t matter. You’re lucky they were repaid,” Justice Belisle insisted.
He described the crimes committed by the young man as “severe and heinous”. “Stealing from the elderly is deadly. “I don’t know what to say except that this type of crime and indiscipline blows me away,” Gobi explained to Elong.
The latter must perform 50 hours of community service and repay the losses incurred by three financial institutions within two years.
The judge also questioned how the young man was going to settle his debt.
His lawyer M said that his client would resume work and become an asset to the companye Jean-Luc Dagenais.
This is Me Genevieve Belanger appeared on behalf of the public prosecutor in the case.
