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(영문) 수원지방법원 2016.10.06 2016고단3536

사기등

Text

1. Defendant A shall be punished by imprisonment for eight months.

2. Defendant B shall be punished by imprisonment for six months.

except that this shall not apply.

Reasons

Punishment of the crime

1. The Defendants’ co-principal

A. The Defendants: (a) opened a mobile phone in the name of a person who worked at an agency of a mobile phone; (b) opened a mobile phone; and (c) opened a mobile phone in the name of a person who used the mobile phone; and (d) offered money by selling it.

On February 9, 2015, the Defendants conspired with the victim C, who was known to the general public at a closed place, and called “A” to the effect that “A person was unable to open a mobile phone due to bad credit and bad credit, making it impossible to receive a loan from the lending company. At the same time, the Defendants made a false statement to the effect that “A person would make a change in the name of another person after he/she was paid KRW 500,000 after receiving a loan from the lending of the mobile phone in the name of four (500,000,000,000,000,000).”

However, the Defendants thought that they would acquire money by selling the victim's cell phone as used machines, but did not have the intention or ability to properly pay the charges and installments or to change the name of the cell phone.

Nevertheless, the Defendants: (a) deceiving the victims as above; (b) received one cellphone (D) in the name of the victim equivalent to KRW 95,000 in the market value of KRW 15,950; and (c) charged the victims with property damage equivalent to KRW 1,154,950 in total; and (d) obtained financial benefits equivalent to KRW 5,824,150 in total by deceiving the victims five times in total as shown in the attached crime list 1.

B. Defendants in collusion with the former, the former, the former, and the former, etc.: (a) around May 11, 2015; and (b) Defendant B, at the F Office of ELPer Co., Ltd., Ltd. located in Asan-si, Asan-si, Defendant B, using a computer, connected to the latter’s computer system; and (c) personal information in the column of the subscriber of the file for subscription.