[2019 Highest 1593] The Defendant, in collusion with B, received documents necessary for opening a mobile phone from the elderly, and sold it as a mobile phone in his/her name, and received subsidies from the sales proceeds of the mobile phone and the radio operator in the process of opening a mobile phone without paying the cost of the mobile phone sales and the user fee.

On June 2017, the Defendant made a false statement to the effect that “A victim HK is performing an internal loan and export of mobile phones” at the 10th floor office of the DD building located in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Office”). The Defendant made a false statement to the effect that “A mobile phone entrance application is made.” On the face of signature, the Defendant made a false statement to the effect that “A mobile phone entry application is made, and that the mobile phone will not immediately

However, even if the defendant opens a mobile phone under the above victim's name, there was no way to avoid paying the mobile phone price or using fee.

Nevertheless, in collusion with B, the Defendant, by deceiving the said victim as above, received an identification card necessary for opening the cell phone and a confirmation of personal signature for opening the cell phone at that time from the said victim, and sent it to B. On June 23, 2017 through B, the Defendant opened one cell phone name in the above victim’s name, and subsequently, acquired property benefits equivalent to the said amount by imposing KRW 1,172,490 on the said victim.

In collusion with B, the Defendant, from June 23, 2017 to February 15, 2018, by deceiving three victims over a total of eight occasions, as shown in the attached Table 1, from around June 23, 2017 to around February 15, 2018, obtained financial benefits equivalent to the same amount by imposing the total of KRW 11,258,230 on each victims of the mobile phone installment payments and use fees.

[2019 Highest 1677] Defendant B.