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(영문) 서울북부지방법원 2018.08.17 2016고단5754
사기등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A mobile phone loan shall be made in a manner that a mobile phone dealer purchases a high-priced mobile phone terminal on the condition that he/she purchases a new mobile phone terminal by inviting a mobile phone dealer to enter a new mobile phone service and then provides a loaner with a certain amount after deducting money, etc. to the loaner, and a device containing a core chip among the mobile phones opened in the name of the loan applicant shall be called the so-called "large phone," and a device that does not have a core chip shall be sold in the name of the loan applicant, and the above loan shall be collected from the proceeds of the disposal, and the mobile phone user who has received a mobile phone loan shall pay the relevant short chip to the mobile phone and repay the loan in accordance with the conditions such as 36-month installments, etc.

From July 2015, the Defendant: (a) operated a mobile phone sales store with the name of “F” in Seoul Jung-gu, Seoul; (b) recruited loan applicants by inserting advertisements such as “60 to 9 million won at the time of opening a mobile phone,” which is a free door-to-door newspaper; (c) opened a mobile phone with the information provided by a person wishing to borrow; and (d) provided loans to loan applicants by pretending the purchase of a mobile phone with the information provided by the person wishing to borrow the mobile phone; and (d) sold the opened mobile phone to a mobile phone distributor or a distributor of public machinery and equipment.

1. On March 15, 2016, the Defendant: (a) proposed that the Defendant would pay the loan applicant G with the amount of money exceeding the number of the openings of a mobile phone; (b) demanded G to prepare an application for new purchase of a mobile phone in the name of the same person; (c) submitted the cans to the victim SK Telecom as if G would normally apply for new mobile phone entry; and (d) said G would normally have opened a new mobile phone from the victim SK Telecom Co., Ltd., the Defendant would normally have opened the new mobile phone; and (c) said G would normally have opened the said mobile phone with the amount of KRW 1,138,000 in the market price from the victim SK Telecom. 6S mobile phone.

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