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(영문) 서울중앙지방법원 2013.12.06 2013고합1144
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an intermediate solicitor who attracts service customers, and is known as “E” in the name of “E”.

Victim SKcom Co., Ltd. (hereinafter referred to as the "SKcom") and KT Co., Ltd. (hereinafter referred to as the "KT") provided radio Internet hub services, if the opening-type agency attracting its customers purchases the Nowon-North Korea first and gives preferential payment to the subscribers who agreed to pay the Nowon-do payment every month during the agreed period of 24 months to 36 months and 24 months and 36 months, the said agency has operated in the way of checking the purchase and delivery of the Nowon-do unit with the number of the Nowon-gu unit that was entered or notified in the computer, and providing the opening-type agency with the Nowon-gu unit payment and general subsidy in lump sum.

The Defendant abused the above points, in collusion with the opening agency business operator F, etc., recruited people in order with the said victim’s company employees in need of urgency, subscribed to the above victim’s company’s overbro service, and made the participants pay a certain amount in cash instead of paying Nowon-gu to the subscribers, and the opening agency business owner was willing to receive the cost of Nowon-gu and the opening subsidy by demanding the victim company to settle the price.

1. The Defendant committed the crime against the victim SKS in collusion with G’s business owner F and H business owner I, etc., provided that the Defendant received a document of subscription to the service from the Defendant on November 12, 2009 on the condition that he would pay a certain amount of money to the J on the Internet microcredit advertisements, etc., and submitted the document of subscription to the service from the Defendant on the condition that he would normally use the service as a hub of the said company and pay the principal of the Nopt in good faith through I and F, and through G through K, applied to the Defendant for the subscription to the services in the name of J and the payment of Nopt North Korea, and I would pay the amount of 60 to 70% of the price of the Nopt in the name of the Defendant instead of Samsung EM model (R470S under the name of Samsung-North Korea model) to the J.

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