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(영문) 서울중앙지방법원 2014.06.18 2013고단6812
사기
Text

Defendant

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

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

Reasons

Punishment of the crime

Defendant

A is a person who operates the “E”, a special category telecommunications business operator (ju) non-sort information and communications, and Defendant B is a person who served as the chief of the said “E”.

The Defendants conspired to gain profits by making advance payment of the mobile phone charges to customers after being transferred to the Customer List (Visits site or DB) that expressed the intent to install the 600,000 won free of charge on the condition that the contract is concluded per case, and by making advance payment of the mobile phone charges to customers.

Defendant

A around July 18, 2012, at the parking lot located in Silung-si, Silung-si, the victim said that “I would have a performance in our country, pay a free call right equivalent to the settlement amount if you pay the mobile phone fee in advance, and if there is no cash, I would receive a credit card loan and pay it in lieu of interest if you would settle the payment in a lump sum.” In the end, I would like to accept a credit card loan and eventually pay it in lieu of interest.”

However, in fact, there was no fact that the above non-commercial information and communication sold a free call right or set a prepaid call fee. The Defendants did not have the intent or ability to grant a free call right equivalent to the said amount even if they received money from the victim, because the Defendants paid the money to the extent that the victim actually used, and the remainder was thought to be used individually by the Defendants.

As above, Defendant A, by deceiving the victim H and immediately receiving KRW 3.9 million from the victim, received all the amount of KRW 4 million from the victim, and acquired it by fraud. The Defendants conspired in collusion with the same method between November 22, 201 and July 20, 201, as shown in the annexed List of Crimes, but Defendant B 1.

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