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(영문) 창원지방법원 통영지원 2018.01.11 2017고합23

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

A and B shall be punished by imprisonment with prison labor for a year and six months, and Defendant C shall be punished by imprisonment without prison labor for a period of eight months.

However, as to Defendant C, the same shall apply.

Reasons

Punishment of the crime

1. Defendant A and Defendant B were in charge of the business of opening and selling mobile phones, and receiving fees, etc. from August 7, 2012 to May 2, 2016, at the K K-based K-based K-based K-based L-based K-based K-based K-based K-based K-based K-based K-based K-based K-based K-based K-related accounting, including opening and selling mobile phones, and taking charge of K-related accounting, from June 2005 to March 14, 2016.

The Defendants: (a) with a loan from a private financing zone, the loan of which exceeds 38% per annum and makes it difficult for the Defendants to repay their principal and interest; (b) with the fact that there are many management departments as corporations, it is difficult to confirm illegal openings if there is no unpaid fees; and (c) with the fact that there is no request for opening of the private financing zone loan at 5.9% per annum, there is a very little interest rate for the loan of the same private financing zone; and (d) with the fact that there is no request for opening of the private financing zone loan, the Defendants forged the power of attorney in the name of the private financing zone in the name of the private financing zone and sold the mobile phone to middle and high-ranking business operators; and (e) the Defendants conspired to use the sales amount for personal repayment and living expenses of the Defendants, and mobile phone charges that he opened.

The defendants, around March 17, 2014, did not receive a request for opening a mobile phone from the K agency L to the K agency M even though they did not receive a request for opening a mobile phone from the K agency L to the K agency M.

The letter of delegation in the name of the L-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-

The Defendants, at the above K agency on the same day, were issued from the injured party the amount equivalent to 814,000 won of the market price owned by the injured party (based on ex-factory price) at IPHON5S - 16G short terminal (N) around that time to February 23, 2016 by deceiving the injured party by such means.