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(영문) 서울서부지방법원 2013.05.09 2013고단592

사기등

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On January 22, 2010, the Defendant was sentenced to imprisonment with prison labor for larceny in the Suwon District Court's Ansan Branch on January 22, 2010. On July 23, 2010, the Defendant completed the execution of the sentence at the Suwon Detention House.

In collusion with C and D, the Defendant opened a mobile phone by means of preparing and delivering an application form by stealing another person’s name, and received the device and conspired to raise money by disposing of it.

1. At around 14:00 on July 5, 2012, the Defendant: (a) found the G agency on the first floor of the G agency located in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, with C, and (b) the Defendant and D entered personal information, such as the Defendant’s mother’s name, resident registration number, address, and contact information, in the service contract column, using a fence that is seen in the new contract form kept therein; (c) entered H’s name in the customer column; and (d) signed the name following the agent’s name while waiting outside the agency; and (c) took the phone confirmed by I, an agent, as H, as the agent’s employee.

Accordingly, the Defendant, in collusion with C and D, forged an application for mobile phone entry in the name of H, which is a private document on rights and duties for the purpose of uttering, and then delivered the same I as if he was actually aware of the forgery, and forged the application for mobile phone entry in the same manner eight times from that time to that time, such as the number of crimes Nos. 1 to 8, as indicated in the next 21th day of the same month.

Around 15:00 on July 5, 2012, the date and time of crime No. 11, 15:00 on the date and place of the crime committed by the victim, using the personal information of the H (the mother of the Defendant) in the G agency G agency I in Gangseo-gu Seoul, Gangnam-gu, Seoul and forged an application for the purchase of H’s mobile phone under H’s name by using the personal information of the H (the mother of the Defendant), and by exercising the agency employee who did not know the forgery, the 2nd “the defendant’s father” that he received S mobile phone equivalent to 904,200 won