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(영문) 부산지방법원 서부지원 2018.02.20 2017고단1779

사기등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 28, 2016 to December 30, 2017, the Defendant: (a) was a person who operated a mobile phone sales store with the trade name of Busan Northern-gu B and C from October 28, 2017; (b) was willing to receive incentives from D, a prepaidphone sales store, by stealing the personal information of foreign persons on the Internet, such as the former text.

1. On December 9, 2016, the Defendant: (a) stated “E”, “HAI”, “F”, “E”, and “E” on the column for registration/registration number of foreigners in the name of the subscriber in the site for the application form for new purchase/ alteration of the prepaid mobile phone at the above “C” store with a stample, and (b) carried out the said investigation document by December 20, 2016, by means of the following: (c) printing it back to the name; and (d) sending the forged E application form to the person in charge of D, who was unaware of the said application; and (d) then, (e) printing it up to December 20, 2016, the Defendant forged a private document on rights and obligations over a total of 18 occasions, as written in the list of crimes attached hereto, and exercised the said investigation document.

2. On the same date, time, at the same place as described in paragraph 1, the Defendant sent a forged application form for purchase of the victim D, as described in paragraph 1, to the victim D, who was entrusted with the sale of the prepaid phone from the SKS link, and, as if E applied for the pre-paid phone, received the pre-paid phone from the damaged party, and received KRW 20,000 won from the damaged party on December 20, 2016, from that time, he/she received the total amount of 360,000 won from the damaged party on a total of 18 occasions, such as the list of crimes, and acquired property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. New applications for subscription to or change of prepaid mobile phones and related documents;

1. Application of Acts and subordinate statutes on delegations and copies of transport notes;

1. Article 347(1) of the Criminal Act (the point of fraud) as to the crime, Article 231 of the Criminal Act (the point of fraud) and Article 234 of the Criminal Act as to the choice of punishment, and Article 234 of the Criminal Act.