beta
(영문) 서울북부지방법원 2018.09.04 2018고정1024

사기등

Text

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

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

Reasons

Punishment of the crime

1. On August 30, 2015, the Defendant committed the crime on or around August 30, 2015: “The Defendant is working on a mobile phone agency, and the Defendant shall pay the victim B the face-to-face fee to open one cell phone in the name of the cell phone in which he/she should raise his/her performance, and shall terminate the charge immediately after three months.

The phrase “ makes a false statement.”

However, since the defendant was in bad credit condition at the time, it was impossible to open a mobile phone in the name of the defendant, and there was a difficulty in economic situation such as preparing personal rehabilitation because he was not paid the benefits at the time, so even if he opened a mobile phone in the name of the victim and used it, he did not have an intention or ability to pay the mobile phone normally

Nevertheless, on August 30, 2015, the Defendant: (a) by deceiving the victim; (b) opened one mobile phone in the victim’s name from the mobile phone agent located in Seongbuk-gu Seoul Metropolitan Government (E); and (c) without paying the fee from October 2015 to December 2016, the Defendant acquired the pecuniary benefits equivalent to KRW 1,248,970 using the aforementioned mobile phone.

2. Crimes committed on September 4, 2015;

A. The Defendant, such as electronic records, opened a cell phone in the victim’s name, and kept a copy of the resident registration certificate from B, as described in paragraph (1). The Defendant, at his own discretion, thought that he arbitrarily opened a cell phone in the victim’s name and used a cell phone in an additional way.

Accordingly, on September 4, 2015, the Defendant entered B’s name in the applicant confirmation column and the terms and conditions column, etc., and entered B’s signature next thereto in the D mobile phone agency, which was kept in the agency for the purpose of handling administrative affairs. After accessing the D mobile phone website, the Defendant entered B’s new customer subscription information in the “olleh new application form” form, and entered B’s name in the applicant confirmation column and the consent column.

Accordingly, the defendant applies for a new Handphone in the name of the electronic records of others with respect to rights and obligations.