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(영문) 의정부지방법원 2014.04.24 2013고단3602

사기

Text

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

The 26 mobilephones (No. 1), corporations, and others, seized by the defendant.

Reasons

Criminal facts

On July 2012, the Defendant: (a) borrowed a legal entity from the name of a legal entity that does not engage in activities together with D; (b) opened a mobile phone in the name of a legal entity through a communications company (SK, KT, or LGU); (c) disposed of and commercialized a mobile device; (d) installed in another mobile phone; (e) purchased a mobile item through the Internet site, such as USIM, unitd unit, etc. with small approval; and (e) acquired gift certificates in return for the installation of the Internet in the name of a legal entity; (b) managed profits acquired by disposing of the mobile device directly or through D through a mobile phone or through a mobile phone; and (c) recruited a legal entity by lending the name of the legal entity; and (d) prepared documents necessary for the establishment of the legal entity; and (e) arranged for 10 years and 25 years for each EM, etc.; and (e) obtained gift certificates for each case from the telecommunications company.

1. On July 12, 2012, the Defendant: (a) in collusion with D, the office located in the 2nd floor in Daegu-gu, Daegu-gu, on July 12, 2012; and (b) notwithstanding the fact that the Defendant had no intent or ability to normally pay the cost of a device and the cost of using the mobile phone under the name of the juristic person, he/she, as if he/she would normally pay the cost of the mobile phone to the victim K Co., Ltd.; (c) had the mobile phone (H) opened in the name of the “stock Co., Ltd.”); (d) had the mobile phone (H) received a mobile phone amounting to KRW 904,00 in the market price from June 1, 2013; and (d) had the pecuniary benefit using small amount of money equivalent to KRW 39,376 in the market price from July 4, 2012 to April 23, 2013, in collusion with D, E (1985) and attached Table 1.