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(영문) 서울북부지방법원 2017.10.26 2017고단3299
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Carrying-on lending structure] A mobile phone lending is made in a way that a mobile phone dealer recruitss an applicant for a loan who wants to borrow a mobile phone and maintains a specific rate system in his/her name for a fixed period of time, lets him/her subscribe to a mobile phone product on the condition that he/she purchases a high-priced mobile phone terminal, and then provides a person who wants to borrow a mobile phone with money after deducting the telecommunications fee for three months, and provides a person who wants to borrow a mobile phone, and sells a device that includes a core chip among the mobile phones purchased from a person who wants to borrow a mobile phone, and sells it to the so-called "large phone," and a device that does not have a core chip is borrowed from the revenue disposed of as the so-called "public machine (budon)" and receives a loan from a mobile phone operator, and a mobile phone user who has received a loan from a mobile phone shall pay the short chip to the telecommunications company in accordance with the conditions such as 36 months.

The aforementioned mobile phone loan is an organizational structure that shares each role in terms of the “ recruitment book,” the “mediation book,” the “re-purchase and sales book,” the mobile phone opening in the name of the applicant for the loan, and the “open, re-purchase and sales book,” etc. which are sold after the purchase.

From around 208, the Defendant posted an advertisement such as “cash payment at the time of opening a cell phone” on the “Seoul Crossing”, which is a free market newspaper from Seoul, in the name of “E” on the Seongbuk-gu and 1st floor, to offer to loan applicants or to receive a copy of the identification card of the applicant for a small amount of loan through the recruitment of applicants for loan applicants and the arrangement of mobile phone sales store, and then re-purchase the mobile phone with the information of the applicant for the loan who received the loan, and then provide the loan applicants with funds, and play a role in the opening of the mobile phone, re-purchase, re-purchase, and sales of the re-purchaseed mobile phone to the mobile phone distributors or public machinery distributors.

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