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(영문) 인천지방법원 2018.04.16 2017고정2383

사전자기록등위작등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a mobile phone agency employee.

1. On May 2, 2016, the Defendant, such as the electronic records, prepared a mobile phone entry application with the content that he/she arbitrarily uses a c mobile phone agent located in Bupyeong-gu Incheon, Bupyeong-gu, without permission from the victim D, the said agency’s customer, thereby opening the 6S-1 unit (E) in the victim’s name, and the same year starting around that time.

6. Until February 2, 200, an application for joining a cell phone in the name of the victim, which is an electronic record of the rights and obligations, was written in three times in total, as shown in Nos. 2, 3, and 4 of the List of Offenses in Attached Crimes.

2. The Defendant sent a written application for entry of a falsified mobile phone at the same time and at the same place as the above paragraph (1) to the employee in charge through the SK Telecom Computer Network and exercised the electronic records, etc.

3. The criminal defendant, when he/she lends his/her name to the victim D in the above temporary place, he/she would pay charges after opening one cell phone in the victim's name.

In addition, from around that time, four mobile phones in the name of the victim were opened in the following four times as shown in the list of crimes in attached Form 4.

However, the defendant opened the cell phone in the name of the victim and sold it to the cell phone, and there was no intention or ability to pay the mobile phone fee in the name of the victim.

As such, the Defendant, by deceiving the victim as above, obtained the total sum of 4,523,200 won from the mobile phone terminal which is equivalent to the market price of KRW 1,130,800 from the SK Telecom, and acquired the total amount of KRW 4,523,200.

Summary of Evidence

1. A protocol concerning the examination of suspect of the police against the accused (six pages of the record of evidence);

1. Statement of each D statement in the police suspect interrogation protocol against the accused (No. 1, No. 6, No. 2, No. 58 of the evidence record);

1. D. D.