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(영문) 부산지방법원 2015.05.14 2014고단9658
사기
Text

Defendant

A Imprisonment for one year, two years of imprisonment for Defendant B, one year of imprisonment for Defendant C, and eight months of imprisonment for Defendant D.

Reasons

Punishment of the crime

[Criminal Power] On February 2, 2010, Defendant B sentenced Defendant B to one year of imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Busan District Court, and completed the execution of the sentence on December 1, 2010.

Defendant

C On April 12, 2013, the Ulsan District Court sentenced 8 months of imprisonment with prison labor and 2 years of suspended sentence to the violation of the Game Industry Promotion Act, and the said judgment became final and conclusive on April 20, 2013, and on March 21, 2014, the Busan District Court sentenced 10 months of imprisonment with prison labor and 2 years of suspended sentence to the said judgment, which became final and conclusive on March 29, 2014.

Defendant

D On September 21, 2007, the Changwon District Court sentenced one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint assault), two years of suspension of execution, and the judgment became final and conclusive on August 13, 2008 due to a violation of the Punishment of Violences, etc. Act (joint bodily injury) at the Changwon District Court on September 29, 2007, and became final and conclusive on August 13, 2008. Accordingly, the suspension of execution of the case, such as the above violation of the Punishment of Violences, etc. Act (joint assault), becomes void and the parole period was expired on February 28, 201, and on March 23, 2011 during the execution of the sentence. On January 24, 2014, the above judgment became final and conclusive on March 6, 2014.

【Criminal Facts】

From the end of 2012, the Defendants opened a mobile phone agent in a formal form with S and T, and then opened the mobile phone by using the personal information database acquired through the business operator, received the user attraction allowance from the mobile operator, and disposed of the false mobile phone to the ‘largephone' business operator by disposing of it to the ‘largephone' business operator.

Accordingly, T shall register a business operator, enter into an agency contract and a store lease contract under its own name, and S shall take charge of actual business, such as opening and disposing of mobile phones, and Defendant C shall manage the agency operation status and Defendant B.

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