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(영문) 서울중앙지방법원 2015.05.08 2014고단1256
사기
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 4,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On July 23, 2010, Defendant A conspired with influence winners, and made a false statement that “D” mobile phone sales agencies located in Gangnam-gu Seoul Metropolitan Government “D” to E, an employee, “a smartphone is required to start a new business.” On the other hand, Defendant A submitted a certificate of the F corporation seal impression, a business registration certificate, a representative director’s identification card and a copy of a mobile phone subscription application (a new service contract) necessary for opening the mobile phone name of the corporation, and received three mobile phone devices, such as “DEIRE” in the name of the Financial Supervisory Commission and issued three mobile phone numbers G, etc.

However, in fact, the LAF was the so-called "YAF" without any entity, and there was no intention to newly open mobile phone numbers in the name of the LAF and to pay the user fee and the installment even if the device is issued.

After deceiving the employees of the mobile phone sales store and receiving three devices from the employees belonging to the Defendant, the Defendant did not pay 363,018 won of the user fee, 2,461,656 won of the device installment, and acquired a profit equivalent to the same amount. In addition, from around that time to August 4, 2010, the Defendant obtained a profit equivalent to the same amount without paying 3,881,704 won of the device installment and the user fee.

2. On July 20, 2010, Defendant B: (a) submitted a corporation seal impression I, a business registration certificate, a representative director’s identification card, and a copy of a mobile phone subscription application (a service contract) necessary for opening the mobile phone name to the employees of the Seocho-gu Seoul Metropolitan Government HH-W8400, and (b) received the issuance of “SPH-W8400” of the mobile phone number J in the name of the Plaintiff.

However, it is so-called that there is no entity.

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