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(영문) 서울중앙지방법원 2018.02.14 2017고단6159
사기등
Text

Defendant

A Imprisonment for three years, Defendant B imprisonment for three years, Defendant C for two years, and Defendant D for one year.

Reasons

Punishment of the crime

Considering that there is no concern that the Defendants’ exercise of their right to defense may not be any substantial disadvantage, the facts charged were corrected ex officio without the amendment procedure of indictment.

[criminal records] Defendant A was sentenced to eight months of imprisonment without prison labor for the acquisition of stolen goods from the Suwon District Court on December 26, 2013, and the execution of the sentence was terminated on March 25, 2014. Defendant B was sentenced to three years of imprisonment for robbery at the Chuncheon District Court on May 28, 2010, and completed the execution of the sentence on February 5, 2013.

[In the indictment for the structure of the mobilephone loan, the part that is not indicated in the indictment, but is substantially identical to the defendants' business method, so the general contents of N's police statements and similar cases are referred to in the indictment.]

In general, "on-line loan" means a mobile phone dealer's new purchase of a mobile phone on the condition that he/she purchases a high-priced mobile phone terminal by inviting a person who wants to borrow a mobile phone "on-site tin" in the name of the mobile phone seller, and then immediately purchase the mobile phone and dispose of it after removing the high-priced chip chip, and then deliver the money after deducting a certain amount from the money to the loaner. The mobile phone operator who borrowed the mobile phone shall pay the end installment to the mobile phone operator and repay the loan in accordance with the conditions such as 36-month installments.

The above "open-end driver" business continues to claim a mobile phone fee, including the price of a mobile phone terminal, to the purchaser, but those who wish to borrow a mobile phone who are the holders of the above mobile phone do not actually use the mobile phone, and instead, by the program called "Dak", the defendant and other persons such as the defendant do not disguise the amount of telephone call as they use the mobile phone normally, and the above loan applicants do so.

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