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(영문) 서울중앙지방법원 2012.09.07 2012고단2858
사기등
Text

Defendants shall be punished by imprisonment for one year and six months.

However, with respect to Defendant B, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A An operator of F who provides mobile service for mobile phone, Defendant B’s representative director of G who provides mobile service for mobile phone, and Nonindicted H is a person who engages in the production of a web program.

On January 5, 2011, when the Defendants, while operating a mobile service (I) that provides adult bridges with H, operated a part of the aforementioned mobile service’s automatic settlement program (WAP) with H, the Defendants are able to claim the cost of use even if the users of the mobile phone do not actually use the mobile service. In particular, in the case of the cost of using the mobile service of less than 1,000 won, the fact of use is not individually notified to each user of the mobile phone from the telecommunications company, and even if the cost of using the mobile service is claimed by the user of the mobile phone, the fact of use is indicated only by the settlement agency (PG company). Therefore, even if the cost of using the mobile phone is claimed by the user of the mobile phone, the users of the mobile phone are bound to pay the cost of using the mobile service that they did not use only by the settlement agency but also by the settlement agency.

According to such prior plan, Defendant A provided the name of business operator F necessary for the provision of the above mobile service (I) and served as the responsibility for various authorization and permission and tax processing necessary for the above mobile network automatic settlement, and for various civil petitions related to false fees, Defendant B served as an initial capital financing and distribution of profits necessary for the operation of the above mobile service, and H used the mobile phone database prepared in advance and operated the automatic settlement program of the radio network (WAP) as if users of the mobile phone stored in the above database use the mobile phone database normally.

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