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(영문) 서울서부지방법원 2013.04.17 2012고단2227
사기등
Text

1. Defendant A shall be punished by imprisonment with prison labor for eight months, Defendant B and C, respectively; and

2. On the other hand, the defendant A.

Reasons

Punishment of the crime

"2012 Highest 227"

1. Defendant A

A. The Defendant is a person who operates a (ju) KT agency under the trade name, “M” from 102 of the members of Ansan-si Lone Building in an Ansan-si.

As the defendant sells a mobile phone in a normal way, he/she received a mobile phone by requesting the victim (owner) KT to deliver a mobile phone, and sentenced him/her to dispose of the mobile phone opening to another person than the applicant.

On December 2, 2011, the Defendant registered the volume of the device necessary for the opening of the “B” column for the application for a device by accessing the Victim’s Business Computer Network N-SETP to the Victim’s Business Computer Network N-TSP.

However, even if the defendant receives the cell phone terminal from the victim (ju), he did not intend to deliver all of the cell phone opening to the person who applied for the cell phone opening.

On December 2011, the Defendant, by deceiving the victim, delivered 28 mobile phones equivalent to the sum of KRW 25,200,000 in the market value of the early 200,000 to the Defendant’s early 12, 201, received sales commission equivalent to the sum of KRW 5,60,000 from the victim.

The Defendant, including that, throughout the period from the beginning of December 2011 to the lower end of March 2012, 201, by deceiving the victim (owner) KT over five times, as indicated in the attached Table of Crimes (1), and acquired the sales commission equivalent to KRW 33,00,000 in total from the mobile phone value of KRW 165,50,000.

B. On June 2012, the Defendant received a request from N to sell 'M mobile phone agent’s 'M' operated by the Defendant with 102 heading of the Dong-gu Lone Building in Ansan-si, and 6,650,000 won in total of the market price of the victim’s possession by deceiving the victim SKT.

The defendant knew that the above 7 boxes were stolen goods, sold from the above 'M' around June 2012 to B about 4,690,000 won, and arranged the transfer of stolen goods.

2. Defendant B

A. The Defendant who habitually acquired stolens shall be prone to North Korea at around 19:00 on October 18, 2012.

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