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(영문) 창원지방법원 마산지원 2018.10.04 2018고정198
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

C, D, and E are the persons who run a mobile phone, Internet, and TV, etc. to whom the F, which reported and contacted the lending-related advertisements posted on the P PP website, was frighted to take the H’s mobile phone, which was located in Changwon-si Mapo-si G, and caused F to take up two mobile phones, Internet, and TV, etc., and sold the mobile phone with a heavy weight, and the Defendant is working as an agent for the aforementioned H’s mobile phone.

1. No person who violates the telecommunications business shall solicit, mediate, or advertise any contract concerning the provision of telecommunications services necessary for the use of a mobile communications terminal device on condition that funds are provided or lent;

Nevertheless, at around 17:00 on April 11, 2017, the Defendant: (a) opened two mobile phones (LGU I, SKTJ) with F, etc., on condition that C, etc. provide funds; (b) paid 600,000 won of F’s mobile phone charges on the same day; and (c) remitted 350,000 won to Busan Bank’s account on April 14, 2017.

As a result, the defendant arranged a contract for the provision of telecommunications services on the condition of providing funds.

2. Fraud;

A. At the time and place under Paragraph 1, the Defendant had F prepare documents necessary for F to subscribe to the LGU mobile phone and the Internet and television, and home IOT service, a combination product with the LGU mobile phone set out in Paragraph 1, and submitted all documents as if F subscribed to the mobile phone, Internet and television, and home IOT service, and paid the cost of the use, to the victim LG Plus Co., Ltd. at a five point of office.

However, as described in paragraph 1, the Defendant only arranges the opening of a mobile phone in F’s name for the so-called “sever-called cell phone tin,” and in fact, even if F enters into a contract with the victim for the purchase of mobile phone, Internet, TV, and home IT service with the victim, the Defendant shall pay the fee to F or the Defendant.

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