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(영문) 서울중앙지방법원 2012.11.08 2012고정4735
사기등
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[2012 high-end 4735] The Defendant, upon receiving instructions from “total liability” B of a criminal organization that was created for the establishment of a floating corporation and the opening of a mobile phone, conspired to acquire charges for use of a mobile phone and the cost of mobile phone through the Internet, by using a copy of the certificate of personal seal impression of “B” such as C, and by using the copy of the resident registration certificate, and by registering it as the representative director and executive officer of a corporation, and then establishing a floating corporation, using the certified transcript of corporate register, certificate of corporate seal impression, business registration certificate, and proxy certificate, and by using the power of attorney, he/she opened the cell phone under the name of the floating corporation, and played a role in the establishment of a corporation and the opening of a mobile phone.

On November 1, 2010, the Defendant: (a) made a false statement to the victim’s representative C with respect to the opening of a mobile phone at the F mobile phone retail store operated by the victim E located in Bupyeong-gu, Bupyeong-gu; (b) purchased a mobile phone in the form of a document after submitting the Plaintiff’s business registration certificate, proxy certificate, and C’s identification card; and (c) made a written application for the opening of a mobile phone.

However, the Defendant had previously been in the process of making and selling a mobile phone after the establishment of a sub-subsidiary, and the Defendant was disqualified for opening a mobile phone, and the said company did not have any intention or ability to pay the device value in a normal way by receiving the mobile phone from the company that did not exist.

The Defendant, by deceiving the victim as above, received two mobile phones of HTC DESISISD mobile phones (Japanese No. 002745, 027768) from the victim who believed it, and took property profits equivalent to 1.520,000 won in total.

[2012 fixed 4736] No one shall transfer any means of access, such as an electronic card, etc. which is used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the transaction details.

Nevertheless, there is a need to do so.

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