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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2013 Highest 1770]
1. In order to attract more subscribers while selling a mobile phone to customers through a mobile phone sales store, the Defendant: (a) recruited loan clients using a sales incentive of approximately KRW 400,000 to KRW 60,000 per unit mobile phone; (b) opened a mobile phone in the name of the client; and (c) opened a mobile phone in the name of the client; and (d) conspired with D, E, etc. to commit the so-called “portable loan fraud” by deceiving the sales incentive and the mobile phone.
D Around July 1, 2012, the Defendant sent text messages to the F to the effect that it would cause a small loan to F at an irregular place, and around that time, the Defendant sent text messages to E, an employee of the above office, at the office located on the eightth floor of the Seongdong-gu Seoul Special Metropolitan City G Building, Seongbuk-gu, and then applied for opening of a cell phone in the name of F, who reported and contacted text messages sent by D, with “it is possible to lend KRW 250,000 per one unit if you open a smartphone. If the principal and interest are repaid three months after the loan, the change or termination of the name shall be avoided, and if the communication company sent the principal and interest after the receipt of the loan, it shall be the case where the telephone would normally have applied for a smartphone subscription, and then the Defendant sent documents necessary for opening of the cell phone, such as a certificate of personal seal impression, copy of the resident registration certificate, and copy of the passbook, by facsimile around July 2, 2012.
However, in fact, the defendant used sales incentives as a loan, and the mobile phone was sold in another place, and in fact, the defendant did not have the intention or ability to make the F use by opening the mobile phone.
The Defendant received from the victim KT one mobile phone in the amount of KRW 913,00 of the market value on the same day from the victim KT.
In addition, the defendant is attached from June 29, 2012 to July 27, 2012.