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(영문) 의정부지방법원 2015.11.26 2015고단1381

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 1381] The Defendant and C, as a married couple, conspired to open a mobile phone at the mobile phone agency by misappropriation of the name of D, which is the Defendant’s private relative, and receive the mobile phone, and then use it for the cost of living.

At around 18:00 on January 16, 2015, the Defendant and C visited the G agency for the management of the victim FF in Gui-si E with the victim, and made a false statement to the effect that “I will faithfully pay the victim every month using the cell phone in D’s name by opening two cell phoness.”

However, the defendant and C did not have obtained permission from D for the opening of the above mobile phone, he was planned to sell it again after receiving two of the above mobile phone and did not have the intention or ability to pay the cost of use of the mobile phone.

Nevertheless, the Defendant and C received two smartphones in 2,120,000 won in total from the victim.

As a result, the defendant and C were provided property by deceiving the victim in collusion.

[2015 Godan1602] The Defendant and C opened a mobile phone in the name of H without the consent of H as between husband and wife, thereby selling money.

1. On January 30, 2015, the Defendant and C in the use of a private document forgery and the display of a private document were written in the name column of “H”, “L”, and “Tgu North-gu M”, respectively, in the name column of “Y” and “Y” and “Tgu North-gu M” respectively, for the purpose of exercising authority.

As a result, the defendant and C have forged the cell phone service contract, which is a private document under H, and exercised it in a lump sum to J who is aware of the fact.

2. The Defendant and C shall be described in the preceding paragraph.