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(영문) 대구지방법원 2017.04.12 2016고정1674

사기등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around June 2013, the Defendant was a person who worked in the same company as the victim B (son, 27 years old) in the past, and had a copy of the victim's resident registration certificate using the victim's name with the consent of the victim around June 2013 to open the cell phone by stealing the victim's name.

1. Fraud;

A. On September 30, 2013, the Defendant opened one mobile phone (F) by allowing the victim to prepare an application for mobile phone opening in the name of the victim, as if the victim consented to the opening of the mobile phone by telephone to E, who is the owner of the D business located in Daegu Suwon-gu Suwon-gu C, at a warning point where it is difficult to know the trade name in the Gu and Si/Gu-si.

However, even if the defendant opens a mobile phone, he did not have an intention or ability to normally use the mobile phone and pay the cost of equipment.

As such, the Defendant had the victim open one cell phone equivalent to KRW 899,800 in the name of the victim, and received the said mobile phone from the Gu-U.S. bus terminal located in the Gu-U.S. P. Sim-si on the same day.

B. On October 8, 2013, the Defendant: (a) drafted an application form for the purchase of a mobile phone in the name of the victim in the same manner as that of the above A at the same place as that of the above paragraph; and (b) opened only one cell phone (G).

However, even if the defendant opens a mobile phone, he did not have an intention or ability to normally use the mobile phone and pay the cost of equipment.

The Defendant, as such, had the victim open one cell phone equivalent to KRW 954,800 in the name of the victim, and received the said cell phone from the old bus terminal on the same day.

2. Forging a private document;

A. On September 30, 2013, the Defendant: (a) stated “B” in the customer name column, “H” in the resident registration number column, and “B” in the applicant column in the application form for mobile phone subscription at the same place as “B” and “B” in the application form for mobile phone subscription.

Accordingly, the defendant forged the application form for the mobile phone (F) in the name of the victim B, which is a private document on the rights and obligations for the purpose of uttering.

(b).