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(영문) 부산지방법원 동부지원 2018.12.06 2018고단2057

사기등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On April 18, 2014, the Defendant was sentenced to the charge of forging a private document at the Busan District Court, etc., and on June 18, 2014, the Defendant was sentenced to imprisonment with prison labor for not more than four months in the same court for fraud, etc. and completed the execution of the sentence in Busan District Court on June 13, 2015.

1. Dec. 4, 2017: Forgery of private documents, uttering of a falsified document, and fraud;

A. On December 4, 2017, the Defendant: (a) stated the personal information of the above X, such as “X” and “Y” in the name column of the subscriber to the V, without authority, at the mobile phone agency of “V,” located in Busan, Busan, for the purpose of exercising the right; and (b) stated the name of the subscriber to the “Eop A1901-256 mobile phone (W)” in the column of “X” and “Y” in the date of birth; and (c) written the applicant column as “X” in that column and signed X.

Accordingly, the Defendant forged an application form for joining a mobile phone, which is a private document related to the rights and obligations of X name as above.

B. The Defendant, at the time, at the time and place specified in the above paragraph (a) above, submitted a copy of the application for the purchase of a forged mobile phone to the officer in charge of K (state) who knew of the forgery through the above mobile phone agency’s Z, and exercised it.

(c)

The Defendant filed an application for joining a mobile phone with the victim (owner) K in the above Z at the time and place specified in the above paragraph (a), and submitted “A 1901-256 mobile phone entrance application” in the above forged X name as if X obtained X’s consent or delegation.

However, the defendant did not have obtained consent or delegation from X to the mobile phone entrance.

As above, the Defendant was delivered one “Alive phone A1901-256 mobile phone” equivalent to the market value of KRW 1,557,600, which is owned by the victim, by deceiving the staff in charge of the victim company as above.

2. Forgery of private documents, uttering of a falsified investigation document, and fraud on December 5, 2017;

A. On December 5, 2017, the Defendant shall exercise the private document forgery at the place indicated in paragraph 1(a) around December 5, 2017.