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(영문) 서울중앙지방법원 2014.04.17 2013고단8074
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates “F”, a special category telecommunications business operator, E, a special category telecommunications business operator of Gangdong-gu Seoul Metropolitan Government D building 301.

On the condition that the Defendant pays KRW 600,000 per contract formation case, the Defendant was able to gain profits by taking over the customer list, which expressed his/her intention to install an order for free use from G, and installing a mobile phone with his/her intent to pay the mobile phone fee to the customers, while having paid the mobile phone fee to the customers, with the intention to grant the right for free use of the mobile phone equivalent to the amount.

On January 16, 2013, the Defendant concluded that “Around January 16, 2013, the Defendant would provide the victim with a right to free call equivalent to the settlement amount if he/she makes a settlement with no charge or in lieu of telecommunications charges. Around 3.6 million won, the Defendant would pay a right to free call equivalent to the settlement amount, and would not claim the telecommunications charge until he/she uses the above four million won.”

However, in fact, the above E did not sell the right to free call or set the pre-paid telephone fee, and even if the defendant used the right to call that he sells, it was merely limited to the reduction of or exemption from only some of the telephone rates rather than the claim for the telephone rates at the time communication company to which the victim was admitted. The defendant, out of the amount received from the victims, paid the victims only as much as the victims actually used, and there was no intention or ability to provide the victim with the right to free call equivalent to the amount, even if he received the amount from the victim.

As above, the Defendant, by deceiving the victim H, acquired money of KRW 3.3 million on January 16, 2013, and acquired money of KRW 200,000 on January 18, 2013 from 50 victims by the same method as indicated in the attached list of crimes, such as the statement in the attached list of crimes.

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