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(영문) 서울북부지방법원 2014.02.06 2013고단2370

사기등

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 through 13 shall be confiscated.

Reasons

Punishment of the crime

[Attachment] The Defendant was released on December 24, 2009 in a governmental prison on September 25, 2008 by a District Court of the Republic of Korea, who was sentenced to imprisonment with prison labor for the obstruction of performance of official duties, etc., and was released on December 24, 2009 during the execution of the sentence, and the parole period passed on February 10, 2010.

【Criminal Facts】

1. The Defendant, when he opens a mobile phone to many and unspecified persons on a virtual basis, was able to obtain a loan later by improving credit rating, by making a false representation as if he/she would have obtained a loan later, to acquire 270,000 won per opening fee for each mobile phone.

From January 27, 2012 to April 30, 2012, the Defendant created an office in the D 2nd floor in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, and then employed as a counseling staff, E, F, G, H, I, I, K, L, M, N,O, P, etc. to take charge of telephone counseling services for the victims to open a mobile phone based on personal information and counseling terms provided by the victims and counseling services. The Defendant was in charge of handling the affairs of general communication documents and the civil petitions filed against the opening of a mobile phone.

When the defendant opens a mobile phone in the same manner, 270,000 won per unit paid by an agency of the mobile phone was collected, and the counselor who opened the mobile phone was 50,000 won and the remainder were divided by the defendant.

Accordingly, at the above office around April 5, 2012, one of the counseling staff members was made false to the effect that “The head of the lending company is the head of the lending company, and the credit rating may be increased so that loans may be granted. To do so, he/she must join the mobile phone of the communications agency affiliated with the company and the company. The mobile phone is not actually opened, but is registered only in the computer name, so there is no burden of fees.”

However, the defendant did not have the intention or ability to raise the credit rating of the victim, and the mobile phone is actually opened.