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(영문) 서울중앙지방법원 2018.11.01 2018고단3603
사기등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Carrying-on loan structure] In general, the term "on-on-phone loan" (the called "on-on-on-phone loan") generally means a mobile phone dealer's new purchase of a high-priced mobile phone device on the condition that the mobile phone dealer solicits the applicant for the loan by Internet advertisement, etc., and then immediately purchase the mobile phone device and dispose of it, remove the high-priced chip, and then deliver the money obtained by deducting a certain amount from the money to the applicant for the loan, and then the mobile phone user who received the mobile phone loan shall pay the end installment to the applicant for the loan and repay the loan in accordance with the conditions such as the 36-month installment.

The above "prop-opener's business" refers to a person who has opened a mobile phone in the name of the holder of the mobile phone, but the above person who wishes to borrow a mobile phone without using the mobile phone and instead of using the above mobile phone, is merely pretending to use the mobile phone as if the nominal holders use the mobile phone normally. The above applicants do not intend to borrow a small amount of money through such "prop-opener's seat". However, as the nominal holders would actually purchase and use the mobile phone normally and pay the mobile phone fee, the defendants do not receive the mobile phone and receive the mobile phone opening fee from the victim's mobile phone company.

【Criminal Facts】

1. The fraud is a person who operates a mobile phone sales store under the trade name of "D" located in the business territory of Gyeonggi-gu, Gyeonggi-do, and Defendant B is an employee of the above "D".

When the Defendants open a mobile phone, they enter a mobile phone.

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