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(영문) 의정부지방법원 고양지원 2015.03.26 2014고단2807

사기등

Text

A defendant shall be punished by imprisonment for two years.

All applications filed by an applicant for compensation shall be dismissed.

Reasons

A. In fact, the Defendant did not have the intent or ability to pay the installment, even if he received a smartphone from the victim, because the Defendant was in a bad credit position at the time and used the name of P as above.

Nevertheless, the Defendant acquired from the victim only one unit of gallon ju S5 Smartphone and one unit of alphone 5S, which is equivalent to the market value of 814,000, from the victim.

2. Crimes related to the Z of victims;

A. The Defendant, like paragraph (1), purchased smartphones by using another person’s name, and immediately disposed of it, and thought for its consideration. On August 30, 2014, at the “AB” mobile phone store located in Bupyeong-gu Incheon Metropolitan Government, the Defendant prepared an application for installment purchase of galthophones for the “S”, “S”, “T”, “Y Kimpo-si, *--*****,” “P” in the resident registration number column, and “P” in the signature column. On the other hand, the Defendant prepared an application for installment purchase of 5S mobilephones in the name of the Defendant’s wife, “M”, “AD”, “M”, and “EM-Gu, Incheon Metropolitan City,” and “AE-Gu,” the Defendant signed the said application for unit purchase under the name of the Defendant’s wife.

Accordingly, the Defendant forged a copy of private document in the name of P and AC, respectively, and exercised it.

B. The Defendant’s fraud was above.

At the same time and place as described in the subsection, the above written application for purchase was submitted to AF, who is an employee of the store.

However, the defendant had no intention or ability to pay installments even if he receives smartphones, because he uses the name of P and AC at the time.