(영문) 광주지방법원 순천지원 2006. 2. 16. 선고 2006고단13 판결[사기·컴퓨터등사용사기·사문서위조·위조사문서행사][미간행]
Defendant
Lee Nam-soo
Attorney Song-soo (Korean)
A defendant shall be punished by imprisonment for not less than eight months.
51 days of detention before the judgment is rendered shall be included in the above sentence.
On June 13, 2003, the Defendant was sentenced to a suspended sentence of six months for a violation of the Specialized Credit Financial Business Act at Daejeon District Court, and on July 22, 2004, the Defendant was sentenced to a suspended sentence of eight months for a special larceny and on October 26, 2004 by the same court, which became final and conclusive on October 26 of the same year, and the suspended sentence became null and void and completed the execution of the final sentence in the Daejeon Prison on May 22, 2005;
1.
A. A. On June 1, 2005, in order to arbitrarily open a mobile phone in the name of Nonindicted Party 1, the victim of the Damage of the Damage of the Damage of the Namnam-gu, Seoul Special Metropolitan City, at the interest center of the High Telecom, in order to use the mobile phone in a voluntary manner, the name of the subscriber in the form of the application for the use of the Telecom, stating “Nonindicted Party 1” and “(resident registration number omitted)” in the name of the applicant column, stating “Defendant 1” in the name of the applicant column and signing in the name of the applicant column, Nonindicted Party 1 forged the above application in the name of Nonindicted Party 1, a private document concerning the rights and obligations, as if Nonindicted Party 1 subscribed to the above service
B. At the time and place specified in the preceding paragraph, Nonindicted 2, who is aware of the fact, submitted a forged application as described in the preceding paragraph to Nonindicted 2 and exercised it as if they were genuinely constituted. It was received from Nonindicted 2 the amount equivalent to KRW 583,00 at the market price of one mobile phone (portable phone number omitted) from Nonindicted 2, and acquired it by fraud. From around that time to September 20 of the same year, it was provided with the mobile communication service of KRW 5,785 by using the aforementioned mobile phone from that time to September 20 of the same year
2.
A. On July 27, 2005, with a view to arbitrarily opening a mobile phone in the name of Nonindicted Party 1, the victim ELD Telecom, who was born at the victim’s place of war (detailed address omitted), without authority, to enter Nonindicted Party 1’s name in the subscriber’s name column of the application form for use of ELD Telecom in the column of the subscriber’s name, “(resident registration number omitted)” in the resident registration number column, and “Nonindicted Party 1” in the applicant column, and to sign the applicant’s name next to the name, one copy of the above application form in the name of Nonindicted Party 1, a private document on rights and obligations, which
B. At the time and place specified in the preceding paragraph, Nonindicted 3, who may know of the fact, submitted a forged application as described in the preceding paragraph to Nonindicted 3 and exercised it as if they were genuinely constituted. It was received from Nonindicted 3 the amount equivalent to KRW 583,00 in the market value of one mobile phone (portable telephone number omitted) from Nonindicted 3, and acquired it by fraud. From around that time to August 6 of the same year, it was provided with the mobile communication service of an amount equivalent to KRW 159,240 in the same amount with the mobile communication service using the aforementioned mobile phone,
3. At around 22:30 on August 23, 2005, at around 22:30 on the same day, from the 365 Co., Ltd. 365 Co., Ltd. located in the above Southern-ri, one of Non-indicted 1’s passbook opened from the house located in the said Gojin-ri-gun (detailed address omitted) to the cash withdrawal machine installed in the above co-section, and without authority, to enter the password “(number omitted)” on the back of the above passbook, and to obtain 570,000 won, which was transferred from the above money to the national bank account (number omitted) in the name of the defendant, and then to acquire financial profits equivalent to the above amount.
1. Defendant's legal statement;
1. Statement of the police statement of Nonindicted Party 1
1. Investigation report (the confirmation of the date of release);
1. Investigation report (the identification of the number of passbook which the victim has been stolen);
1. Investigation report (Preparation of suspect's number omitted), application for the use of Elel Telecom, and unpaid fees;
1. Investigation report (Preparation of suspect's number omitted) (application for the use of ELV telecom and unpaid fees);
1. Criminal records;
1. Article relevant to the facts constituting an offense and the selection of punishment;
Articles 347(1), 347-2, 231, and 234 of the Criminal Act, and imprisonment, respectively.
1. Aggravation for repeated crimes;
Article 35 of the Criminal Code
1. Aggravation of concurrent crimes;
Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act
1. Calculation of days of detention;
Article 57 of the Criminal Act
After the completion of the sentence, the sentence of this case is inevitable in light of the crime committed during the period of repeated crime, the criminal record, the character and conduct of the defendant, etc., and considering the circumstances of the crime in this case, the circumstances of the crime in this case, the relationship with the victim, the intent to punish the victim, the age of the defendant, family environment, etc.
Judges Dominsung