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(영문) 서울남부지방법원 2020.10.08 2020고단3159
사기등
Text

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

Reasons

Punishment of the crime

1. No person who violates the Telecommunications Business Act (2020 order 3159) may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide such services for communications of a third party;

Nevertheless, around April 2020, the Defendant received a proposal from a person under whose name the Defendant came to know through the rice Luxembourg market, stating that “The Defendant will open a mobile phone at the face of 500,000-1,000,000 won.” On April 28, 2020, the Defendant found a mobile phone agent located in Daegu-gu in his/her name and opened a mobile phone (B, C) under his/her own name so that the aforementioned persons can use the mobile phone. On May 2, 2020, the Defendant continued to find another mobile phone agent located in Daegu-gu, Daegu-gu, and opened a mobile phone (B, D) under his/her name, and received one million won in return for the change.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

2. On May 15, 2019, the criminal defendant assumes the position of a financial institution staff and induces a large number of unspecified persons to withdraw cash and take money into account at a certain place, and the defendant received money from the victim and made money from the said bank staff member to the account demanding the above bank account by using the false statement, such as "I would like to raise credit rating by repaying the loan to the victims. I would see that I would see that I would like to pay money to the bond collection staff of our country. I would see that I would like to give money to the victim at a low interest rate." The defendant will act as a one-time telephone inducement policy to induce the victim to withdraw cash to a certain place. The defendant received money from the victim in the above place, while driving with the victim or his employees of financial institutions, etc., and then want to transfer money to the account demanding the above victim to the above bank account.

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