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(영문) 창원지방법원 2018.01.12 2017고단3617
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

Defendant 3617, Changwon-si, is a person who runs a mobile phone sales business while working as the management department at D, which is a mobile phone sales store in the window of Changwon-si.

Around June 2014, the Defendant submitted a written application for the entry of the victim EL Plus Co., Ltd. to the victim EL Plus Co., Ltd. via the Internet.

However, the Defendant: (a) opened a mobile phone in the name of E on the condition that he/she should pay the mobile phone fees; (b) opened a number of mobile phones in the name of another person on the condition that he/she should pay the mobile phone fees; and (c) opened a mobile phone in the name of E on the condition that he/she should pay the mobile phone fees from June 2013; and (d) there was no intention or ability to pay the fees from time to time even if he/she opened a mobile phone in the name

From September 24, 2014, the Defendant: (a) by deceiving the victim company; (b) obtained consent from the victim company on June 10, 2014; (c) obtained the opening of the mobile phone with the consent of the victim company on the opening of the opening of the mobile phone; and (d) did not pay KRW 1,169,380 to the victim company; and (c) obtained property benefits equivalent to the same amount from the failure to pay KRW 1,169,380; and (d) obtained the same from October 1, 2015, the Defendant opened the total of 18 mobile phones from the time to October 1, 2015, and did not pay KRW 9,01,559, total of the charges.

From September 6, 2012, the Defendant has been engaged in the business of keeping and managing the openings of the mobile phone and the U.S. cellular phone from around 2017 to around 3701 while working as the management department of the D branch of the victim H located in G in the window G of Changwon-si.

The defendant opened a mobile phone terminal under the name of the branch on the condition that the defendant bears the burden of fees for the mobile phone from the branch, and sells it to the purchaser of the mobile phone and sells the sales proceeds to the branch.

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