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(영문) 창원지방법원 진주지원 2014.01.22 2013고단1049

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

No. 37, seized evidence 37, shall be made to the victim Stecom corporation.

Reasons

Punishment of the crime

[2013 Highest 1049] The Defendant is a person who, from May 1, 2012 to March 2013, worked as a general manager of the store at the mobile phone sales agencies located in Jinju-si C and Jin-si D as a general manager of the store (one-person in charge of the sales store) and has overall control over all affairs related to the opening of the mobile phone, such as various computer work, deposit of fees received from the head office, document inspection work, and customer subsidy management work.

1. On February 13, 2013, the criminal defendant related to the purchase of a mobile phone made a false statement to the effect that “If he/she lends his/her name to open a mobile phone, he/she will pay the victim F with a nominal lending fee without causing any damage by cancelling or changing the name as soon as possible if he/she lends his/her name to open a mobile phone.”

However, the Defendant had no other property in a situation where money was urgently needed to resolve the problem, such as the unpaid amount of money for the holders of the mobile phone who used the opening of the opening before the time. Therefore, even if the Defendant opened the mobile phone in the name of the victim, there was no intention or ability to terminate the mobile phone or change the name thereof as soon as possible.

As such, the Defendant: (a) by deceiving the victim; (b) opened four mobile phones, including G, etc. from the victim; and (c) did not terminate or change the name of the mobile phone during the promised period; (b) caused the victim to bear KRW 3,834,720 in total; and (c) caused the telecommunications company affiliated with the relevant mobile phone to acquire pecuniary benefits equivalent to the said amount.

In addition, the Defendant, from May 23, 2012 to March 26, 2013, by deceiving the victims by direct or by the same means as indicated in the annexed crime sight table (1), shall have the victims bear 116,198,749 won in total, and shall have the communications company to which the relevant mobile phone was admitted.