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(영문) 서울중앙지방법원 2016.04.01 2015고합966

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year and six months.

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

Reasons

Punishment of the crime

Defendant

A is the operator of SK Telecom Agency and F Company F (hereinafter referred to as “F Company”), which is a sales store for terminal horses, and Defendant B was registered as the representative director in the name of F Company, at the request of Defendant A from June 26, 2012 to October 27, 2014.

Where mobile phone calls are opened normally at mobile phone agencies or sales stores, incentives, which are incentives for opening (sale) mobile phones from mobile phone private SK telecom, etc. shall be paid, and where the person in the name of the opening is a corporation, a large amount of incentives may be paid because it is possible to open multiple telephones according to the credit rating.

In 209, the Defendants: (a) obtained a corporation’s seal impression certificate, business registration certificate, and power of attorney from a corporation necessary for opening a mobile phone and received a request for opening a mobile phone; and (b) used the said documents to forge the power of attorney in the name of the shopping center without the consent of the shopping; and (c) used the said documents to open a mobile phone in the name of the shopping center or to change the device so as to obtain the incentive for the mobile phone opening (sale) and the mobile phone terminal that are paid to the sales store from the victim SK Telecom.

1. On September 30, 2014, the Defendants violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) filed a new application for subscription as if the shopping was actually opened a mobile phone, accompanied by a certificate of the seal impression of the shopping corporation, forged power of attorney, etc., and opened H’s mobile phone at around 849,800 won, and received a subsidy, 250,000 won as the victim’s agent.