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Defendant
A Imprisonment with prison labor for one year, for eight months, and for one year and three months, for Defendant C, respectively.
Reasons
Punishment of the crime
[2013 Highest 3560: Defendant A and B accessed many unspecified persons by means of sending letters or telephone to small loans, etc., and subject to the requirement of application procedure, Defendant B obtained a certificate of personal seal impression, identification card copy, passbook copy, etc. required for opening the mobile phone in the form of a formal condition, and the Defendant B opened the mobile phone in the name of the applicant for the loan at the mobile phone sales store operated by himself/herself after obtaining the documents from the above B, and then Defendant A opened the mobile phone in the name of the applicant for the loan, the payment shall be imposed on the loan applicant, etc., but the opened device shall be disposed of at his/her own discretion to be commercialized, and as such, the opening of the mobile phone for the purpose of small loans, etc. shall be prohibited from an unfair business act, but the act of opening the mobile phone is in fact prohibited from opening the mobile phone with the actual purpose of use, and conspired to receive and distribute it.
Accordingly, the above C may, on July 16, 2012, receive rebates from the victim I to make a small loan to the victim I by telephone communications, and the procedure for applying for a mobile phone entry is necessary to do so. The mobile phone is false to the effect that “The mobile phone does not know about the fee to be terminated immediately.” The mobile phone is issued by the victim by facsimile and sent a certificate of personal seal impression, identification card copy, copy of passbook, etc. to the defendant B immediately.
Defendant
A received the documents directly from Defendant B and opened one cell phone in the name of the victim I in Gangnam-gu Seoul Metropolitan Government JJ located in Gangnam-gu, Seoul.
As a result, the Defendants opened one cell phone of the amount of 990,000 won in the name of the victim I together with C, and disposed of it to another person to acquire the property benefits equivalent to the same amount, and around that time.