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(영문) 대구지방법원 2016.12.06 2016고단1754
사기등
Text

1. Defendant A’s imprisonment with prison labor for one year and four months, Defendant B’s imprisonment for eight months, Defendant C and D respectively for a fine of 5,000,000 won.

Reasons

Punishment of the crime

Around June 18, 2015, the Defendant stated to the effect that “When the Defendant reported the payment of illegal subsidies at a mobile phone sales store, he/she shall pay the victim I a monetary reward, he/she shall pay a monetary reward on the opening of the mobile phone service in the name of the victim, shall terminate the mobile phone service within 2 months from the opening date of the mobile phone, and shall not impose the cost and charge of the mobile phone device by cancelling the mobile phone service within 2 months from the opening date of the mobile phone, and shall pay it in lieu of the price and charge of the mobile phone device imposed up to that time.”

However, the Defendant received a cell phone call from the victim I and attempted to acquire profits from selling it. As such, even if the mobile phone service was opened in the victim I’s name, there was no intention or ability to prevent the payment of the mobile phone price and the charge from being imposed on the victim I by instead of the cost and the charge of the mobile phone terminal, or by termination of the service.

On June 18, 2015, the Defendant enticed the victim I, and caused the victim I to open a mobile phone service of Aphone 6 Popon from K located in the Daegu North-guJ on June 18, 2015, and around that time, he received from the victim I an Aphone 6 Popon amounting to KRW 89,800 at the market price of 89,800 from the victim I, as shown in the attached crime List (2016 Highest 1754). From June 18, 2015 to July 23, 2015, the Defendant deceiving the victims to the above purport, and was issued from the victims the mobile phone 23 large-scale market price of KRW 21,034,700 from the victims.

The defendants, "2016 Highest 1772" (the defendants A and B) reported illegal subsidies to be paid to the people around the mobile phone agency together with them, making them open the cell phone of several units by making them open.

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