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(영문) 서울서부지방법원 2016.11.16 2016고단2162
사기등
Text

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

1. The Defendant, from December 2014 to December 12, 2014, paid a fee of KRW 4.6 million per month to D, the representative of the mobile phone sales store in Gangnam-gu Seoul Metropolitan Government, and the remainder of the revenue is a person entrusted with the operation of the above “C” mobile phone sales store on the condition that the Defendant has.

Although the Defendant did not intend to use the mobile phone normally, the Defendant received the identification card and information necessary for joining the mobile phone from the family and relatives, and written an application for joining in the name of them, and submitted it to the victim EL Plus head office to open the mobile phone and sold it to the victim EL Plus head office, and received profits by selling it.

On December 22, 2014, the Defendant, even though there was no intent to use the mobile phone normally at the above C mobile phone sales store, prepared an application for the purchase of the mobile phone in the name of E and submitted it to the victim ELS and received one cell phone in an amount equivalent to KRW 789,800 from the victim, and received from the victim ELS to June 9, 2015, and acquired 28 mobile phones equivalent to the sum of KRW 27,973,000 as shown in the attached Table 1 by the aforementioned method from the above date to June 9, 2015.

2. From December 2014, the Defendant was a person who was entrusted with the sales of mobile phones from “C” to “C”, and has been engaged in the business of selling mobile phones and collecting fees from the said sales store.

On June 12, 2015, the Defendant, at the aforementioned “C” mobile phone sales store, received KRW 1 million from customers F to use mobile phone services, and consumed it for personal purposes, such as the payment of interest on his/her loan and gambling, while performing his/her duties for the victim D.

The Defendant, from around that time to June 21, 2015, received the total amount of KRW 2,783,920 from 21 customers, as shown in attached Table 2, as shown in attached Table 2, and kept it for business purposes.

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