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(영문) 서울중앙지방법원 2013.09.26 2013고정1732

사기등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 17:00 on October 28, 201, the Defendant arbitrarily entered “B”, “B” in the customer name column, “C” in the contact number column, “D” in the automatic transfer credit card column, “F”, “F-M250K, “G”, and “Handphones” in the purchase details column, “847,00,” “842,00,” “126,800,” “47520,” “47,” “420,” “8420,” “842,420,” “B” in the name of the applicant, “B”, “301,301,” and “B” in the name of the applicant, “B”, “305,41,5284,305,” and “B” in the name of the applicant.

2. The Defendant, at the time and place specified in paragraph 1, submitted to H (Nam, 22 years old) an application for new subscription under the above forged name B, which was not aware of such forgery, and exercised the said application.

3. The Defendant, at the time and place indicated in paragraph 1, delivered the forged document as if it was genuine, such as Paragraph 1, and immediately received one of the F numbers from the victim H in Samsung Gallon S2 Handphone (a reasonable amount of KRW 847,00) and acquired it by fraud.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to B and H;

1. Application of the relevant Acts and subordinate statutes to the H’s petition;

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;