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(영문) 서울중앙지방법원 2017.11.23 2016고단7867
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 109 shall be confiscated from the accused.

Reasons

Punishment of the crime

The Defendant is a person who operated a mobile phone sales store in Daejeon Jung-gu. D.

A. Fraud (International Moble Equation) is an international mobile device identification number used for the purpose of maintaining and managing a mobile phone, including opening of a mobile phone, theft, and loss registration, and a domestic telecommunications company is capable of opening multiple mobile phoness by being assigned one IMO per mobile phone, and cannot open multiple mobile phones to the same IMOs.

Nevertheless, the Defendant abused the fact that a telecommunications company paid opening fees for the opening of a mobile phone, and did not recover the opening fees paid when a certain amount of money is generated for three months or more, and that management of opening of a mobile phone takes place only through the Internet (i.e., “loan of a mobile phone, immediate opening, etc.” and (ii) opened a new mobile phone in his/her own name by paying the cash equivalent to KRW 500,000 per unit of the mobile phone to the persons who reported it on the Internet, and (iii) sell a high-priced new mobile phone to the export of the domestic mobile phone to KRW 70-80,000 per unit, and (iv) artificially receiving a phone between the opening of a mobile phone by manipulating the contents of the mobile phone by receiving the opening fees from the telecommunications company, etc.

On April 6, 2015, the Defendant received necessary documents from F, such as a copy of identification card, and a new application for subscription, from F, which reported the above mobile phone loan advertisement at the above mobile phone sales store, and made the victim KT Co., Ltd. open a new phone in F’s name, as if he would normally pay the service fee such as telephone fee.

However, many unspecified customers, including F, who have reported and found the above advertisements, etc., are the same.

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