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(영문) 서울중앙지방법원 2020.04.09 2019고단8370
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The loan of a mobile phone called 'ported tin' is a structure in which a mobile phone dealer or a person who has recruited with him/her has newly subscribed to a mobile phone on the condition that he/she purchases a high-priced mobile phone device by recruiting an applicant for a loan through Internet advertisement, etc., and immediately purchased the mobile phone device and dispose of it after removing it, deliver the borrowed amount after deducting a certain amount from the paid amount to the loan applicant, and provide the loan to the borrower, and the lender who has received the loan will pay the installments to the telecommunications company in accordance with the conditions such as 36-month installments and pay the loan and distribute the remainder, etc. to the person who has participated in the crime.

1. The Defendant advertised the lending of the mobile phone and arrange the lending applicant to the mobile phone dealer. B is a person who operates the mobile phone sales store in the name of “D” located in Suwon-si, Suwon-si, Suwon-si, and E is an employee of the aforementioned “D”.

Defendant B, and E conspired to receive opening fees and cell phone terminals from a mobile communications company which is the victim through the aforementioned “on-line tin.”

Accordingly, from October 2017, the Defendant advertised as the title “G”, etc. on F Kaf or Bro, and recruited persons wishing to borrow through “B”, and guide them to the said D shop. E consulted those wishing to find the above advertisement, and transferred the mobile phone in the name of the victim, using the mobile phone owner of the mobile communications company in the name of the applicant to borrow the mobile phone. B disposed of the mobile device “B” with the “port-to-port-to-port-to-port-to-port-to-port-to-port-to-face,” and then acquired the opening fees from the mobile communications company, the victim, and the Defendant received KRW 200,000 to KRW 30,000 per unit of the mobile phone from B.

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