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(영문) 서울동부지방법원 2015.05.21 2014고단1607
사기
Text

Defendant

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

Of the facts charged in the instant case, Defendant A.

Reasons

Punishment of the crime

[Attachment] On April 29, 2010, Defendant B was sentenced to imprisonment with prison labor for a crime of fraud, etc. at the Suwon District Court on May 15, 201, and completed the execution of the sentence on May 15, 2010. On November 11, 201, Defendant B was sentenced to imprisonment with prison labor for a crime of fraud, etc. on November 19, 201, and the judgment became final and conclusive.

[2014 Highest 1607]

1. Defendant A’s crime of conspiracy, Defendant I, I, B, and nameless telemarketing the cell phone using personal information collected through telemarkets, and conspired to sell the said device to overseas and one-person “Mophone” service provider without notifying the name of the holder, thereby obtaining monetary profits, and to the telecommunications company that opened the cell phone and opened the cell phone, to inflict considerable damage on the amount of unpaid fees and unpaid equipment.

On October 12, 2010, the Defendant: (a) received L’s personal information and copy, etc. of the resident registration certificate collected through telemarket from I at the “K store located in Sungnam-gu J, Sungnam-si; (b) had employees B prepare an application for opening of a mobile phone; and (c) had the employees B submit an application for opening of a mobile phone using it; and (d) had the employees of the upper agency in charge of opening of the mobile phone of the said L’s high-level agency (hereinafter “K”); (c) had the employees, who knew of the aforementioned circumstances, by means of deceiving the employees of the high-level agency in charge of opening of the mobile phone; and (d) had the said L’s mobile phone receive one cell phone of the amount of KRW 814,000 (16G); and (c) sent the received mobile phone to the above nameless telemarket through I.

As a result, the defendant, in collusion with I, B, and above nameless telemarketers, deceiving the above victim and received property equivalent to the market value of KRW 814,00 from him, 22, 23, 25, 29 through 48, 50, 51, 52, 57, 58, 59, 64 through 71, 74, 75, 76, 79 through 94, 96, 97, 98, 102 through 108 of the annexed crime list, in addition to receiving property equivalent to the market value of KRW 814,00 from him.

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