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(영문) 서울중앙지방법원 2013.04.12 2013고정251
상습사기
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. In the event that the repair engineer requests repair on the ground of a mobile phone breakdown to the mobile phone repair center, the defendant of the joint criminal conduct with B, in the event that the repair engineer inspects the mobile phone breakdown and then gives approval of the "repaid product" with the content that it is necessary to refund money, the mobile phone selling company shall use the fact that the repair engineer pays the refund money corresponding to the sales price of the mobile phone market, and then arbitrarily purchased and damaged the mobile phone through the Internet site, etc., and then request repair to receive the refund money equivalent to the sales price of the mobile phone market. The defendant, in contact with B, the repair engineer of Dobong-gu Seoul Metropolitan Government, who is the repair engineer of the Seoul Metropolitan Government C company, requested the repair company to receive the refund money, without going through the process of decomposition, inspection, etc., and if he receives the refund money, he also proposed that B distribute it to B, and he consented thereto.

Accordingly, on October 22, 2010, the Defendant requested repair of a used mobile phone purchased in advance by the above C Co., Ltd., and B obtained approval of “repaid goods,” which requires refund in accordance with the above public offering, and deceiving the victim through C Co., Ltd. by notifying the victim of his opinion of refund through C Co., Ltd., and allowing the victim to pay KRW 710,600 on the next day under the name of refund to the Defendant, and then from then to December 29, 2011, the Defendant received KRW 28,511,400 in total under the name of refund over 32 times in collusion with B, such as the list of crimes (C Co., Ltd.).

2. On October 27, 2010, the Defendant, who committed a joint crime with D, conspired with D repair engineers affiliated with the above C Company to acquire refund money in the same manner as described in paragraph (1), requests the repair of the used cell phone purchased in advance by the above C Company, and D.

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