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(영문) 의정부지방법원 고양지원 2014.10.23 2013고단1732

사기등

Text

[Defendant A] The defendant shall be punished by imprisonment for one year.

[Defendant B] The defendant shall be punished by a fine of KRW 7,00,000.

Reasons

Punishment of the crime

1. The fraud: (a) Defendant A opened a mobile phone by phone to an unspecified number of unspecified persons, along with the name-free intermediary business operator that connects him/her with the opening agent of his/her name-free mobile phone and the opening agent of his/her mobile phone; (b) opened a mobile phone by virtual phone; (c) opened a mobile phone after raising credit rating if he/she could receive a loan later; (d) sold the mobile phone as the so-called “largephone” at the above opening agent; and (e) the Defendant provided KRW 350,000 per mobile phone with the fee from the opening agent.

Defendant

A, along with E, from October 2012 to January 3, 2013, from around the third floor of the building F in Dobong-gu Seoul, and from January 8, 2013 to around January 11, 2013, from the second floor of the building G in the G, Defendant B, H, I, J, K, etc. were employed as counseling staff, and made them open to the victims by telephone counselors' services and personal information provided by Defendant A and E on the basis of counseling phrases, and let them open to the victims by phone calls from the victims.

Accordingly, on October 2012, one of the counseling staff members stated to the effect that “the person in charge of the savings bank is the person in charge of the savings bank.” The credit rating may be raised to make loans available to the victim L at the above office. To do so, he/she must join the mobile phone of the communications agency affiliated with the bank with the bank. The mobile phone is not actually opened, but is registered only in the computer name.”

However, the defendants did not have the intent or ability to raise the credit rating of the victim, and the above mobile phone is actually opened.