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(영문) 인천지방법원 2016.11.28 2016고단6105
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

On December 20, 2010, the Defendant: (a) concluded a contract with KT Co., Ltd. (hereinafter “victim Co., Ltd”); and (b) had operated a mobile phone agency with the trade name “D” from around May 20, 2015 to around May 2015, the Defendant opened the mobile phone agency in the name of “D”; (c) had sold the mobile phone to a medium-sized mobile phone buyer; and (d) had received the price from the mobile phone buyer; and (e) had received the cost from the victim Co., Ltd. for opening the mobile phone from May 2015.

Around January 28, 2015, the Defendant prepared an application for joining a mobile phone under the name of E and submitted it to the victim company, as if he/she opened the mobile phone normally with the consent of E.

However, the Defendant had attempted to temporarily open a mobile phone in order to acquire economic benefits as above, but did not intend to use a mobile phone through normal opening of the mobile phone or pay the cost of the mobile phone, but deceiving an employee in charge of the victim company as if he opened the mobile phone normally.

On January 28, 2015, the Defendant, by deceiving the employees in charge of the victim company, received from the victim company the sum of KRW 99,158,000 and the sum of the mobile phone opening fees of KRW 11,29,270,270 in the same way as in the crime list from the victim company until April 8, 2015, while opening one mobile phone (F) in the name of E, the Defendant received KRW 970,00 in the market price and KRW 60,00 in the mobile phone opening fees of KRW 970,00 from the victim company.

The Defendant, at around 15:00 on June 30, 2015, at the D office located in the Nam-gu Incheon Metropolitan City C and the first floor, "Wil."

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