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(영문) 수원지방법원 안산지원 2016.09.08 2016고정1057

사기등

Text

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

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

Reasons

Punishment of the crime

1. On January 12, 2015, the Defendant signed the name of “D” in the name of “D”, “E”, “E” in the name of the customer of the new application of “D”, “E” in the State column, and the name of “D” in the column of each terms and conditions and the applicant column, without authority, at the mobile phone agent of “C (State) located in Ansan-si, Ansan-si, Ansan-si.”

Accordingly, for the purpose of uttering, the Defendant forged a new application form in the name of D, a private document related to rights and obligations.

2. The Defendant, at the time, at the time, at the place specified in paragraph 1, submitted a new application in the name of D forged D, to an employee under the name of KT, who may not know the forgery, and exercised the same.

3. The Defendant, at the time, at the time, at the time, at the place specified in paragraph 1, submitted an application for new LT in the above-mentioned name D, which was forged, to an employee with the victim’s name in the name of KT Co., Ltd., and subsequently, filed an application for opening of a cell phone with the victim as if the victim obtained the consent from

As such, the Defendant: (a) by deceiving the victim; and (b) did not receive the mobile phone opening in the name of D on the same day from the victim; and (c) did not pay the fee; and (d) acquired pecuniary benefits equivalent to KRW 312,500 of

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A written petition (including attached documents);

1. Application of Acts and subordinate statutes to a report on investigation (specific amount of damage);

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347(1) of the Criminal Act, the selection of fines for the crime (a point of fraud) and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The fact that the sentencing of Article 334(1) of the Criminal Procedure Act is recognized as having agreed with D/D, but the criminal act committed fraud by using affirmative methods, such as forging a private document, etc. (a fine is imposed).