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(영문) 서울중앙지방법원 2014.05.01 2013고단5783
사기
Text

Defendant

A Imprisonment with prison labor for a year and four months, for a year of imprisonment for Defendant B, and for a year and four months of imprisonment for Defendant C, respectively.

Reasons

Punishment of the crime

On December 27, 2012, Defendant B was sentenced to two years of imprisonment for fraud, etc. at the Daejeon District Court on December 27, 2012, and the said judgment became final and conclusive on July 12, 2013.

Criminal facts

The victim KT Co., Ltd. (hereinafter referred to as "KT") has paid sales incentives equivalent to 150,000 won to 150,000 won or 700,000 won per agent based on the results of opening cellular phone in order to attract subscribers, and the agency has paid sales incentives to attract customers through subordinate sales stores for more attraction of customers.

G et al. (TM business operators) sent text messages to many and unspecified persons, and reported and contacted such text messages, and provided small-amount loans as subsidies to those who opened a mobile phone. When repaying loans after 3-5 months, the repayment of loans will result in a change in the name of the mobile phone or terminate the mobile phone so that they will not impose the cost of the mobile phone devices or the fee for the use of the mobile phone. From those who have no intention to use the mobile phone, documents necessary for the opening of the mobile phone, such as a copy of their identification cards, a copy of the passbook, etc., are collected and sold to the intermediary.

1. Defendants B and A had the intent to purchase a copy of the identification card of the applicants for loans, and a new application for mobile phone application from TM business entity H to borrow a mobile phone small loan, and to open the mobile phone through the data and receive the device and sales incentive and obtain it by fraud.

In order to implement this, Defendant A purchased an application for the opening, etc. collected by TM business operators and opened a mobile phone and sent the device to TM business operators, made proposals to have some of the sales incentives generated from TM operators, and Defendant C accepted it.

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