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(영문) 서울동부지방법원 2013.05.08 2012고단2824
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the fraud against the victim C is acquitted.

Reasons

Criminal facts

From August 2010, the Defendant sent letters to unspecified persons to have small loans offered as collateral with D, E, F, etc., and sent letters to unspecified persons as collateral, and made loans to the victims who reported the above letters, and made loans available as collateral, and made false statements to the effect that if loans are repaid after three months, they will not be paid any charges by transferring the subscriber’s name, and that they would not be paid any charges if loans are paid after the three months have elapsed, and made the victims directly subscribe to the mobile phone. After receiving the said phone, the Defendant continued to communicate after giving money as if they would have borrowed 100,000 to 150,000 won per unit after receiving the said phone, and decided to have the victims pay small payment and international telephone charges, etc., to the extent of 50,000 won by directly using the said mobile phone or by using the inner phone, until the use of the mobile phone is suspended due to delinquency in payment of charges.

In addition, the defendant, together with D, E, F, etc., received a cell phone from the victims for the repayment of the loan and received a copy of the passbook, cash card, and identification card from the victims. The defendant, upon applying for Internet combination goods with the Internet opening agency, deceiving the Internet opening agency as if he would normally use the Internet combination goods during the agreed period, and received the money from the said agency and acquired the benefits.

1. On December 7, 2012, the Defendant involved in the fraud of mobile phone charges, by deceiving the victim H, who reported and contacted text messages at the office of Defendant daily newspaper located in Gwanak-gu in Seoul Special Metropolitan City, on the basis of the aforementioned method, and received the victim’s cell phone three (I, J, K) and the passbook and cash card of the company bank account from the victim on December 7, 2012, and then selling three mobile phone units to spphones and imposed the total amount of KRW 583,140 on the victim.

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