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(영문) 울산지방법원 2015.01.22 2013고단2428

사기등

Text

Defendant

A Imprisonment for one year, each of the defendants B and C shall be punished by imprisonment for ten months, and defendants D and E shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant B is the representative director of (main) N, who is an information and communications business (portablephone) company on the 7th floor in Ulsan-gu, Ulsan-gu, M, and Defendant C is the president who actually runs the (main) N, Defendant D is a director of (main) N, and Defendant A is operating the Ulsan-gu, Ulsan-gu, Seoul-gu, U.S., a mobile phone sales company (P) which is the subordinate agent of N.

The Defendants: Q (R Operation), S (T Operation), U,V, W, X, and Y points, from many and unspecified persons, provided phone calls to enter the mobile phone and opened the mobile phone in the name of the victims; and offered them to acquire profits equivalent to the cost of the mobile phone by arbitrarily disposing of the phone; and by using the phone in the name of the victims.

1. Defendant B, Defendant C, Defendant D, and Defendant A’s fraud obtained large amount of information from customers and made a false call to customers without charge, stating, “First of all, if a mobile phone is opened, approximately KRW 200,000 from KRW 20,000 per subsidy per unit, and the customer pay the same to the customer, and the mobile phone opened through the opening after three months from the opening of the opening of the mobile phone is automatically terminated, and it is possible to borrow the mobile phone at all, without bearing the cost of the mobile phone or the charge of communications.”

However, in fact, the defendants opened a mobile phone in the name of the victims and charged the victims with the cost of the mobile phone, and sold the mobile phone to the victims who wanted to use the mobile phone called the mobile phone by the communication company at will, and the proceeds from receiving the subsidy for the opening of the mobile phone from the communication company as well as the sales proceeds are thought to remain. Therefore, the defendants are free from the cost of the mobile phone to the customers who opened the mobile phone without bearing the cost of the mobile phone or the cost of the communication.