[2015 Highest 2072]

1. Recognizing that the Defendant would pay merchandise coupons by a communications company’s private goods, the Defendant was aware of the fact that he/she, at the Internet request, established a one-time old-age corporation (hereinafter “the old-age corporation”) which, by attracting people who puts the writing “loan” on the Internet website, did not operate a business under the same name, and opened a business registration certificate under the same name and issued a passbook, cash card, and a certificate of official seal, etc. and applied for the installation of Internet and Internet TV in the same manner that they would normally use the Internet in spite of the intention to use the Internet in fact by using it. The fact in the name of the corporation that opened the Internet was delivered by the victimized company and received merchandise coupons and merchandise from the victimized company, and in spite of the intention or ability to pay the money for the use of the mobile phone, he/she did not have the intention or ability to do so.

From September 2014, the Defendant employed B from around February 11, 2015, C from around February 11, 2015, and D from March 6, 2015 to eroding the place where the Internet is installed, and then, solicited B, etc. to open an Internet application and cellular phone on behalf of the floating corporation.

A. On January 16, 2014, the Defendant, by fraud, applied for installation of the Internet and Internet TV on the 1st floor of the Seo-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, in the name of a person who could not know the same attitude as the actual use of the Internet and the Internet TV in a telephone call center at the Seongbuk-gu Seoul EM Building F site, and applied for installation of the Internet and Internet TV in advance in the name of a person who is not aware of the same attitude as the victim corporation’s G call center, and caused the damaged company to install the Internet and Internet TV, and then the 22,00 won of the market value of the goods.