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(영문) 창원지방법원 2017.01.25 2016고단3993

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 24, 2005, the Defendant was sentenced to eight years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof, etc. on May 9, 2007. On October 22, 2013, the Defendant was sentenced to five months of imprisonment by the Suwon District Court for obstruction of the performance of official duties at the Suwon District Court’s Suwon District Court’s Suwon District Court’s House, and the execution of the final sentence was completed on October 22, 2013. On July 18, 2016, the Defendant was sentenced to four months of imprisonment for a crime of fraud, etc., and the said judgment became final and conclusive on July 26, 2016.

The defendant of "2016 Highest 3993" is a person who operates a lending brokerage company under the trade name of "L" in the court of Ansan-si in Gyeonggi-do.

On August 15, 2015, the Defendant loaned 50 million won to the victim F at the above L Office around the o'clock on August 15, 2015, and received a copy of the resident registration certificate, the agricultural cooperative head of the Tong, and the driver's license from the injured party, with a cell phone or credit card opened and used.

1. Crimes related to mobile phones;

A. On August 28, 2015, the Defendant: (a) called the AF store staff AE in the same city located in the same city at the location of Ansan-si in Gyeonggi-do; and (b) notified the victim’s personal information, etc. even though he/she did not have been entrusted by the F of the said victim with respect to opening of the mobile phone; and (c) caused the said AG to prepare an application form for joining AH mobile phone in the victim’s name; and (d) a copy of the application form for joining the mobile phone in the victim’s name to the AI.

For the purpose of uttering, the Defendant forged two copies of a mobile phone application in the name of the victim, which is a private document related to rights and obligations.

B. The Defendant exercised the aforementioned investigation document by having the said AG submit two copies of the forged mobile phone membership application form as if it were duly formed at the time and place specified in the above 1-A, and at the same time and place, the said AG had the said AG submit the forged mobile phone membership application form as if it were duly formed.

(c)

The criminal defendant committed fraud at the time stated in the above 1's paragraph (a) above AF starting point.