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(영문) 대구지방법원 서부지원 2018.08.08 2018고단201
업무상배임
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

B On September 2, 2016, the Daegu District Court sentenced imprisonment with prison labor for fraud, etc. at the Daegu District Court on September 2, 2016 and decided on September 10, 2016.

Defendants are co-principals.

Defendant

A around February 9, 2013, around 2013, entered into a business entrustment contract with the victim F, the representative of E store, who is entrusted with the sale of mobile phones from SK Telecom, and from February 9, 2013 to November 1, 2014, a person engaged in the business of selling mobile phones and selling of mobile phones and depositing of mobile phone fees, etc. in H store located in Daegu-gu G from February 9, 2013 to H store located in Daegu-gu, Daegu-gu, and I, Jung-gu.

Defendant

A In order to sell and open a mobile phone terminal in accordance with the regulations of the above SK Telecom Company and the entrusted operation contract with the victim, there was a duty to operate an agency in order to ascertain whether the applicant has the intent or ability to pay the cost of service normally and whether the applicant has the intention or ability to pay the cost of service normally.

Nevertheless, the Defendants sought personal information, such as the list of names and identification cards necessary for the opening of a mobile phone, and Defendant A opened a mobile phone using the personal information sought by the above B, and sold it to a mobile phone terminal with the opening of the mobile phone, and used it to pay a small amount of the mobile phone using the cell phone core card.

On March 11, 2013, the Defendants violated the above occupational duties, and applied for a mobile phone opening in the name of the nominal owner without properly confirming the intent to subscribe to the mobile phone in violation of the above occupational duties, and thereby, registered as the result of Defendant A’s sales, and received the fees from the opening of the mobile phone, and caused the victim to pay for the mobile phone price of KRW 71,860 due to illegal use in the name of the victim to SK Telecom.

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