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(영문) 인천지방법원 2013.12.11 2013고단4864

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

A. After the sale, there was no intention or ability to sell a normally opened mobile phone to the victim because the nominal owner had a plan to cancel the opening immediately before the nominal owner becomes aware.

Around March 28, 2013, the Defendant, by deceiving the victim as such, received 620,000 won from the victim to the account under the name of the Defendant as the mobile phone price and acquired it by deceit.

2. The Defendant collected F’s personal information via the Internet to open a mobile phone to be sent to the above E, and the Defendant was willing to open a mobile phone in the said F name through the mobile communication agency located in Gangdong-gu Seoul Metropolitan Government G through H.

On April 2, 2013, the Defendant: (a) stated “F”, “I”, “I” in the service new contract name column; and (b) stated “F” in the address column, “I”, and “I” in the service new contract form; and (c) stated “F” on the customer registration number column; and (d) signed on the customer registration number column.

Accordingly, for the purpose of uttering, the Defendant forged a new service contract in the name of F, a private document on rights and obligations.

B. Around April 3, 2013, the Defendant forged a new service contract under the name of F, a private document concerning rights and obligations, for the purpose of exercising the new service contract form in the same manner as paragraph 2(a).

3. Uttering a falsified investigation document;

A. At the same time and time as paragraph 2(a), the Defendant, at the same time and time, had an employee in the name of the said “H” submit a forged new service contract, as in paragraph 2, to SK as if the new service contract was duly formed. The Defendant exercised the said new service contract.

B. The Defendant, at the same time and time as Paragraph 2-b, completed a new service contract, which was forged by an employee in lack of the name of the above H, as described in Paragraph 2.