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(영문) 서울중앙지방법원 2015.08.25 2014가단5257922
손해배상(기)
Text

1. The Defendants jointly share KRW 66,352,00 with respect to the Plaintiff and 5% per annum from November 9, 201 to January 28, 2015.

Reasons

1. Facts of recognition common to the Defendants

A. Defendant B and C paid a certain amount to TM business entities, and received copies, etc. of resident registration certificates issued by them under the pretext of inducing them to subscribe to a mobile phone under the pretext of enabling them to lend money to many unspecified persons, and submitted documents related to joining the Plaintiff, which operated “E,” and solicited them to open the mobile phone as if the nominal persons were normal mobile phone holders, and then distribute the mobile phone to Nonparty F, who is the specialized news business entity, and then, Defendant B takes charge of the total management of H from Eunpyeong-gu Seoul Metropolitan Government to operate the mobile phone sales store, and Defendant C takes charge of delivering the subscriber’s personal information and opened mobile phone while working as the employee of the above sales store. Defendant D, who is the employee of the said agency operated by the Plaintiff, was informed of whether the nominal persons provided by the Plaintiff become qualified to open the mobile phone, and was in charge of opening the mobile phone through Defendant B and Defendant C’s related documents.

B. Accordingly, from September 14, 201 to November 8, 2011, Defendant B and C applied for the opening of a mobile phone from the said agency operated by the Plaintiff to the persons who subscribed to the said mobile phone from TM business entities, and did not notify the said persons of the fact that they did not intend to normally join the mobile phone. Accordingly, Defendant B and C received 82 mobile phones of the total market value of KRW 66,352,00 from the Plaintiff and acquired them by deception.

C. The Seoul Southern District Court found Defendant B and C guilty of all the above frauds in criminal cases (the above court 2013 Godan3103 case) charged with the above frauds against Defendant B and C, and sentenced Defendant B to imprisonment with prison labor for eight months, and sentenced to imprisonment with prison labor for Defendant C for five months.

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