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(영문) 울산지방법원 2016.09.23 2016고정511

업무상횡령등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant served as the occupant of the branch office C located in Ulsan-gu, Ulsan-gu from October 2012 to May 2015.

The Defendant forged an application for joining by stealing the name and resident registration number of customers who came to know of the mobile phone sales, etc., and sold the mobile phone machinery acquired by deceiving them as if they were engaged in normal external business affairs, such as entering sales performance through opening the mobile phone, to acquire profits.

1. Around May 7, 2015, the Defendant opened a new mobile phone (opon 6) with a victim D mobile phone (opon 6) by using the victim D’s resident registration certificate, which is a customer, by stealing it, and inputting it into a Tongsan Information System.

In addition, the Defendant used the personal information of 27 victims from June 27, 2014 to June 2015 by the aforementioned method as shown in the attached Table 1 list of crimes.

2. Around May 7, 2015, the Defendant forged an application form in the name of D for the purpose of exercising the signature of “D” in the signature column by the purchaser column and the subscriber of the application form, which is an essential document of new opening of mobile phones, at the above store.

In addition, from June 27, 2014 to June 2015, the Defendant forged the application for membership of 27 persons from around June 27, 2014 in the same manner as in the attached Table 1.

3. The Defendant, at the time, at the place specified in paragraph 2, submitted a forged application form of 27 persons, as described in paragraph 2, to ELS flus radio operator via the computer network, as if the application form was duly established.

4. The Defendant’s fraud is equivalent to KRW 789,800, the market price owned by the victim E in the above display room, using a written application for the purchase of forged names, as described in paragraph (2), from the above store around May 7, 2015.