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(영문) 인천지방법원 2017.11.03 2016고단6725 (1)

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

C and D, with the possession of the E’s resident registration certificate in an unsound manner, gathered that the Defendant, who was aware of his/her reputation, opened the cell phone as if he/she was E and sold the cell phone and came to have the Defendant to divide the money by selling the cell phone. The Defendant, upon receiving a proposal from C and D to exempt him/her from the face-to-face obligation by opening the cell phone as above, accepted it in sequence.

1. On April 8, 2015, the fraud, C, and D were waiting at H mobile phone agencies operated by the victim G in the Nam-gu Incheon Metropolitan City, Nam-gu, and C and D were waiting outside the above agency, and the defendant entered the above agency into the agency, made the victim believe that E is E himself/herself by presenting his/her resident registration certificate in the name of Eul and D, and made the victim believe that he/she is E, and then the defendant changed the two cell phoness of Aphone 6 flus cell phones to open the two cell phoness.

Accordingly, the victim opened two cell phones (I and J) of Aphone 6 flus cell phones in the name of E, and then deliver one day to the defendant, and the other side was the same as the next day.

Accordingly, the defendant, in collusion with C and D, by deceiving the victim, obtained two mobile phones of 2,112,00 won from the victim (one large 1,056,00 won) from the victim and acquired it by fraud.

2. For the purpose of exercising private document forgery and uttering at the date, time, and place specified in paragraph 1, the Defendant entered the name of customer E, “A”, “K on day of life,” “Contact L,” “M 301 in the Incheon Nam-gu, Incheon,” “Account Number N,” “I, J,” and “E” in the bottom of the subscriber’s column, and submitted the signature of E to G, the said agent’s president.

Accordingly, the defendant conspired with C and D to forge and use two copies of the application form for mobile phone in E name.

3. The Defendant violated the Resident Registration Act in collusion with C and D, and consented to two mobile phones (I and J) using the E’s resident registration certificate at the time and place specified in paragraph 1.