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(영문) 부산지방법원 동부지원 2019.06.19 2019고단307
사기방조등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for one year and two months, respectively.

Defendants 1 and 2 of this title.

Reasons

Punishment of the crime

[Criminal Justice] On December 3, 2015, Defendant B was released on August 13, 2016, and the remaining term of imprisonment has expired on August 21, 2016 while he was sentenced to imprisonment for fraud at the Busan District Court for one year and two months.

【Criminal Facts】

1. No person who violates the Telecommunications Business Act shall open a mobile communications terminal device which concludes a contract for the provision of telecommunications services in another person's name on the condition of providing or lending funds, and use telecommunications services provided to such mobile communications terminal device for the collection of the relevant funds;

Nevertheless, the Defendants: (a) purchased a prepaid hold in the name of another person in accordance with the direction of the staff of the scaming operator who opened the prepaid hold in the name of another person; and (b) decided to deliver the prepaid hold to the employees of the scaming operation; (c) Defendant A purchased one of the prepaid holds (open number G) opened in the name of “B” from “B” on January 27, 2019, in the front of the D-ro located in Busan Suwon-gu, Busan-gu; and (d) delivered one of the above milk holds to the Defendant B on January 28, 2019; and (e) Defendant B sent one of the aforementioned prepaid holds at the Busan Central 238 (Scamdong) Cargo Terminal at the Busan Central 238 (Scamdong), which was directed by the organization members of the scambing in the name of Incheon-do to the scaming employee.

On February 8, 2019, an employee in charge of the trade name chip delivered by the Defendants was used for the crime of the trade name chip as described in the following paragraph (2) with a cell installed in the name of F chip delivered by the Defendants at a non-place.

As a result, the Defendants used telecommunications services provided to the mobile communications terminal device in collusion with the employees in the name of the scaming, using the mobile communications device in another person's name on the condition of providing or lending funds.

2...

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