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(영문) 수원지방법원 성남지원 2013.08.09 2012고단2034

사기등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On December 13, 2005, the Defendant was sentenced to two years of imprisonment by the Seoul Northern District Court for the charge of forging official documents, etc. and completed the execution of the sentence on July 4, 2007.

"2012 Highest 2034"

1. The Defendant, together with C, offered a loan to a person with bad credit standing or overdue charge on a mobile phone (hereinafter “person with poor credit rating”) and conspired to open a mobile phone from the victims to use it and use it at will.

On August 9, 2009, the Defendant made a false statement to the effect that “The Defendant may obtain a loan of KRW 3 million or KRW 6 million from the victim F by means of a mobile phone loan, Internet circuit loan, internal asset loan, etc., even a person with bad credit standing, a person with poor credit, and a person with poor credit rating, and then send the documents necessary for the loan (hereinafter “loan documents”) such as a certificate of personal seal impression, resident registration certificate, copy of resident registration, and copy of identification card, and a mobile phone opened to B through a mobile phone under the terms of the loan, the Defendant would terminate the mobile phone after using approximately 3 months only, and receive a loan of KRW 3 million or KRW 6 million according to his/her personal credit rating.”

However, even if the victim F receives cell phone and loan documents from the victim F, there was no intention or ability to receive the loan from F.

On August 12, 2009, the Defendant received five cell phone units and loan documents opened in the name of F from the victim F, and then delivered them to C. C purchased game money, etc. with a small-sum settlement from the mobile phone delivered by the Defendant, through the Internet website, and acquired the pecuniary benefits equivalent to the amount of the money by selling it through the Internet website to impose KRW 7,413,938 on the victim F. From that time to October 16, 2009, the Defendant was using the cell phone units from 58 victims to 241 cell phone units as shown in the attached list of crimes.