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(영문) 수원지방법원 2014.06.12 2013고단1955 (1)
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Ma] The Defendant conspired to commit the following crimes in order to commit the following crimes: A, B, D, E, F, G, H, I, K, L, M, N,O, P, Q, R, S, Z, etc. (hereinafter “Defendant, etc.”).

① The Defendant, etc. explained to the effect that “If the Defendant, etc. purchases and opens a small loan advertisement using text messages to many and unspecified persons, the Defendant, etc. will keep the cell phone device as collateral and loan KRW 20 to 300,000 per unit of the mobile phone.” The Defendant, etc. explained to the effect that “I will transfer the name after three months,” and received documents necessary for the purchase and opening of the mobile phone, such as identification card, personal seal impression, and account number, by facsimile from those who consented thereto.

② When the Defendant, etc. send the above documents to the Z, the Z shall pay 30-500,000 won per mobile phone in return for the transfer of the documents, and the purchase and opening of the mobile phone in the name of the client for the loan to a third party immediately thereafter.

(3) The defendant, etc. shall pay 200,000 won per 1 borrower and shall have the difference.

[A] The Defendant, as the head of the process team managing documents, was in charge of the operation of a separate office in compliance with A’s instructions, and was in charge of managing documents related to mobile phone opening, such as identification cards transmitted from the clients of loan.

[The contents of the crime] The defendant et al. makes a false statement to the victim AE who called an advertising text message at the second floor office of the building AD in Nam-gu Incheon Metropolitan City on November 23, 201, to the effect that "it is possible to lend 200,000 won per cell phone at the time of opening the cell phone in the name of the victim. Since the cell phone has been used as collateral for loans, it is possible to change the name if the loan is repaid without using it." The defendant et al. purchased the cell phone in the name of the victim through the Z after obtaining identification card necessary for taking part in the handphone from the victim.

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