사기등
Defendant shall be punished by imprisonment for a term of one year and four months.
Punishment of the crime
1. On June 26, 2014, the Defendant of the 2017 High Order 483, the Defendant, via C, which is a book for soliciting the names of mobile phones, will offer KRW 100,000,000 to the victim D, if he/she lends his/her name to him/her due to his/her personal phone performance.
A false statement was made that a mobile phone opened in the name of a party that reads that the fee or the price for a short term, which is claimed in a opening condition for six months, shall not be at all at all at issue.
However, in fact, the Defendant: (a) sold a mobile phone opened in the name of the victim, sold the mobile phone; (b) paid his/her personal debt with his/her money; and (c) thought that he/she used the mobile phone for living expenses, etc. after having received allowances or subsidies from the mobile phone operators only; and (d) the mobile phone name “a mobile phone opening” was a cost incurred to disguise the normal opening of the mobile phone, which is a profit agent’s expense incurred in the opening of the mobile phone; and (c) there was no intent or ability to exempt the Defendant from paying the mobile phone installment or the fee to the victim, which is a profit agent’s expense incurred in the opening of the mobile phone; and (d) there was no intention or ability to force the Defendant to avoid paying the mobile phone installment or the fee to the victim.
Nevertheless, the defendant deceiving the victim as above and let him open only one cell phone in the name of the victim on the same day, and caused the victim to bear the liability equivalent to the total amount of KRW 960,000,000, in addition to the amount of the end payment and the amount of the use fee for the end payment on the same day, and caused 31 victims to bear the liability equivalent to the total amount of KRW 106,606,181 in the same way through each solicitation method, such as in the attached list 1.
In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.
2. The Defendant of “2017 Highest 520” was the victim F at a “E” mobile phone sales store operated by the Defendant located in the area corresponding to the Cheongju-si around August 2015.