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(영문) 부산지방법원 2013.08.30 2013고정2384

사기등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant was a person who served as a mobile phone salesperson.

1. Before this case, the Defendant had the intention to open the cell phone in the name of the complainant B (name C before the opening of the name), a copy of the identity card of the complainant who received the cell phone in the name of the complainant, and the cell phone in the name of the complainant at his own discretion.

Accordingly, the Defendant entered “C” and “F” in the customer name column and the resident registration number column in the address column at a mobile phone sales agency, which called “E” located in Gyeong-gu, Changwon-gu, Changwon-gu, and entered “F” in the applicant’s address column for the purpose of exercising the applicant’s opening of a mobile phone, when the time is unknown on December 21, 201. The Defendant written the applicant’s name in the applicant’s entry column and written his/her signature arbitrarily on the name side.

Accordingly, the Defendant forged two copies of a mobile phone new application in the name of the complainant, which is a private document on rights and duties, for the purpose of exercising as above.

2. The Defendant, at the above temporary location, delivered two copies of the forged mobile phone new application form as if the document was duly formed, to an employee who was unable to know the above sales agency’s name without knowing such forgery.

3. The Defendant, at the above temporary location, by deceiving the employees of the sales store on two copies of the forged private document at the above two copies, and received two mobile phones from the employees of the sales store who believe that such deception was true and delivered an amount of KRW 820,000,000 in the market value.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to each mobile phone new application;

1. Relevant provisions of the Criminal Act and Articles 231, 234, 231, and 347 (1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.