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(영문) 서울중앙지방법원 2013.04.26 2012고합1521
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for three years, Defendant B shall be punished by imprisonment for one year, Defendant C, D, and E, respectively.

(b).

Reasons

Punishment of the crime

The Defendants used the mobile phone sales structure in which a mobile carrier, such as a victim SK Telecom Co., Ltd. (hereinafter “SK Telecom”), KT (hereinafter “KT”), and LG flus (hereinafter “LG flus”), pays approximately 400,000 won sales incentives for each mobile phone sales store each time they open the mobile phone at each mobile phone sales store. Defendant A actually received documents necessary for Defendant A’s application for small-amount loans from customers who do not intend to open the mobile phone, and Defendant B and C received mobile phone and sales incentives from each mobile carrier through the mobile phone use, sales store, and Defendant E acquired mobile phone and sales incentives from each mobile phone and intended to resell them to the mobile phone exporters.

1. The Defendant, as follows, by deceiving the victim SK Telecom, KT and LG displayers, received each property worth at least KRW 918,400,000,000 in total from the victim SK Telecom, exceeding KRW 127,200,000,000 in total from the victim KT, and at least KRW 946,80,000 in total from the victim LGplers.

On January 11, 2012, the Defendant, using the Yeongdeungpo-gu Seoul National Call Center, employed counselors at a commercial building near Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and placed an advertisement to offer a small amount of loans to many unspecified people through text messages, etc., and reported this advertisement to the O who reported it, “If a mobile phone is opened, 200,000 won will be extended immediately in advance and a high interest rate will be extended at a low interest rate after three months after the opening of the mobile phone. Since the mobile phone is not opened actually, it is opened through a computer, there is no damage to the telecommunications charges exceeding 200,000 won in advance, and the cost of installment of the mobile phone will not be borne.” It is a name after receiving the documents necessary for the application for mobile phone purchase.

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