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(영문) 서울중앙지방법원 2016.08.10 2016고단990

사기등

Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the violation of the Automobile Management Act and the middle order of March 2016.

Reasons

Punishment of the crime

[criminal history] On August 30, 2012, the Defendant was sentenced to two years and six months of imprisonment with prison labor for the crime of injury, etc. at the Seoul Southern District Court on January 29, 2014, and the execution of the sentence was terminated at the Seoul Southern District Court on January 27, 2015. On November 27, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of interference with the execution of special official duties at the Seoul Southern District Court, and the judgment was finalized on March 30, 20

[Criminal facts]

1. Fraud;

A. The Defendant, in respect of the victim SK Telecom and LG glass, intends to give cash to the Defendant’s backlines, etc. by opening his/her cell phone.

On the other hand, the defendant, after consenting, had the defendant open the cell phone and delivered the mobile phone purchased with the charge and sold it with the intention of selling it.

Accordingly, the defendant around 10:00 on January 19, 2015, around 10:00, the defendant asked C to open the mobile phone in order to make it possible for C to open the mobile phone and pay 400,000 won to C, and for three months. In selling the mobile phone after three months, the defendant asked C to open the mobile phone so as not to cause damage to the nominal owner of the mobile phone.

On January 19, 2015, the Defendant: (a) around November 11:00, at the “E Agency,” a victim “SK Telecom” agency located in Gangseo-gu Seoul Special Metropolitan City, Gangseo-gu, Seoul; (b) had the said C file an application for mobile phone purchase as if he/she would pay the cost of mobile phone and the cost of mobile phone use to the employee in charge who is unable to know his/her name.

However, in fact, the defendant had the person in charge of the above C applied for the mobile phone subscription from the beginning and had the person in charge of the above C sold the mobile phone and acquired profits from the mobile phone, and had no intention or ability to pay the mobile phone normally even if he opened the mobile phone under the above C name.

As above, the defendant deceivings the above agency staff and is transferred from the victim SK Telecom to the above C name.