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(영문) 인천지방법원 2017.06.08 2016고단9163
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Joint crimes committed with the accused and C;

A. After establishing a corporation with C, etc., the Defendant came to gather money by selling a wireless Internet device (hereinafter “B”) via the wireless Internet, etc. under the name of the corporation. The Defendant established a corporation under his/her own name and received 1.5 million won per corporation in return for the establishment of a corporation, and paid 1.5 million won per corporation, and C took overall charge of the above crime and intended to take charge of the disposal of the device in the name of the former corporation.

On January 31, 2013, the Defendant established D Co., Ltd., a director in-house via the Internet, and made a false statement as if the Defendant would normally pay radio Internet usage fees under the name of D Co., Ltd. in the name of D Co., Ltd, even though there was no intention or ability to normally pay radio Internet usage fees at the victim KT stores located in Incheon Seo-gu Incheon, Incheon around March 18, 2013.

Defendant: (a) deceiving the victim as above; (b) allowed the victim to open 4 lines on the same day; (c) obtained pecuniary benefits equivalent to KRW 421,045,00 for three months; and (d) obtained pecuniary benefits equivalent to KRW 421,045,00 for four months from January 31, 2013 to March 18, 2013; and (c) obtained pecuniary benefits equivalent to KRW 7,409,808,00 for four times, such as the previous list of crimes, from January 31, 2013 to March 18, 2013.

Accordingly, the defendant conspiredd with C, etc. to induce victims, thereby acquiring a total of KRW 7,409,808 for four times.

(b) No person who violates the telecommunications business shall intermediate a third party's communications using the telecommunications services provided by the telecommunications business operator, or provide it for communications of the third party;

Nevertheless, as described in paragraph (a) of C and 1, the Defendant disposed of it to raise funds by disposing of it in the name of the old juristic person, and around February 2013, the Nam-gu Incheon Metropolitan Government.

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