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(영문) 서울북부지방법원 2015.10.01 2015고단1682

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant, together with C, was operating a mobile phone sales store with the trade name “F” from July 13, 2013 to 103 of building D located in Songpa-gu Seoul Metropolitan Government and from August 19, 2013 to 105 of building E located in Yeongdeungpo-gu, Young-gu.

1. Around July 13, 2013, the Defendant entered into a contract on consignment of sales with a mobile phone with the victim corporation ELBlus Co., Ltd. and the subscriber's attraction at the mobile phone sales store office located in Songpa-gu Seoul Metropolitan Government (F) around July 13, 2013, and entered into a contract on consignment of sales with a mobile phone with the mobile phone sales store consisting of a device and sales

7. Around 16. Around 16. Around the mobile phone sales office, in collusion with the above C to borrow money as collateral and use for tele-market costs, etc. while selling 29 smartphone devices with the market price of 27,176,600 won listed in the attached list of crimes owned by the victim company. Around that time, he/she provided 29 smartphone devices as collateral and borrowed 10,400,000 won and embezzled 29 mobile phones owned by the victim by arbitrarily disposing of the above smartphone devices in the said pawnn by failing to repay the borrowed money.

2. On July 31, 2013, in collusion with C, the Defendant made a false statement to the person in charge of the name in the victim ELBer Co., Ltd. at the “F” office located in Songpa-gu Seoul Metropolitan Government I (J: the outside signboard name) stating that “The Defendant sold a mobile phone (terminal) by normal means under the consignment contract, and induced the subscribers of telecommunications services, so that the Defendant would pay the fee according to the agreement.”

However, according to the sales consignment agreement with the victim company, the act of selling terminal installment payments, subscription fees and monthly user fees, or telemarketing companies.