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(영문) 수원지방법원 2015.02.04 2014고단1951 (1)

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a mobile phone sales store in Suwon-si C.

The Defendant, as seen above, opened a cell phone by deceiving the victim SK Telecom Co., Ltd. (hereinafter “SK Telecom”), which is a telecommunications business operator, as if he used the cell phone sales store by opening the cell phone normally, had the cell phone opened, and then disposed of the cell phone immediately to another person, but used the cell phone by inserting the relevant wired chip into another mobile phone on a intermittent basis, and had the victim take the means of pretending the normal use of the mobile phone by means of making the relevant wired chip inserted into another mobile phone in a telephone call, and by using it as a means of pretending the normal use of the mobile phone.

At around July 6, 2012, the Defendant: (a) opened the victim under the name of “D” mobile phone sales store; (b) opened the victim’s “S2” mobile phone in the name of Samsung’s father as a telecommunications business operator; and (c) sold it to F, a mobile phone distributor; and (d) opened the mobile phone chip of the said mobile phone by inserting it into another mobile phone terminal for about six months from that time; (b) pretended that the said mobile phone chip of the said mobile phone was opened and used normally; and (c) was paid a total of KRW 1,575,254 (a total of KRW 89,800, KRW 675,454, such as subsidies for sales of the mobile phone chip of which departure is equivalent to KRW 89,800).

In addition, from July 6, 2012 to January 22, 2013, the Defendant opened 11 unit of “one-way terminal” in the name of another person, such as the above E, by the said method as above. Around that time, the Defendant received from the victim the total amount of KRW 13,102,911 (a total of KRW 9,317,00,000 subsidies total of KRW 3,785,911).

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Examination protocol of the suspect of G (including the statement section of H and I) by the prosecution;

1. A copy of each prosecutor’s statement against J, K, L, F, and M.