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(영문) 대구지방법원 2016.01.22 2015고정2763

사기등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Records] On June 23, 2015, the Defendant was sentenced to imprisonment with prison labor for an occupational embezzlement, etc. at the Daegu District Court, which became final and conclusive on November 16 of the same year.

[Criminal facts] The Defendant is a person who actually operated “C” in Daegu-gu, Daegu-gu, on March 2013.

1. The Defendant forged a private document at the office above C around March 4, 2013.

Using the inspection tool on the new contract form for the SKT service, it entered "D", "E", and "D" in the applicant column in the customer information column, and signed it next to the name.

Accordingly, for the purpose of exercising as above, the Defendant respectively stipulated two new contracts in the name of SKT service in the name of SKT, a private document related to rights and obligations.

2. The Defendant sent the forged SKS service new contract form to the SKR service agency in charge of the 'a opening room in the name of the company', which is aware of the forgery at the time and at the place specified in the preceding paragraph, as if they were duly formed, and exercised it respectively.

3. In the date and time set forth in paragraph 1, at the same place, the Defendant: (a) filed two mobile phone openings with the victim in charge of the opening room as if the Defendant was D; and (b) filed an application for a mobile phone openings with two mobile phone openings on the same page; and (c) did not pay KRW 1,798,320 in total of the cost of mobile phone equipment and use fees on the same page from the above person in charge.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Certificates of matters registered under service contracts;

1. Details of the Kakao Stockholm dialogue;

1. Each description of, and each existing part of, the new contract for SKS services;

1. Previous convictions in judgment: Application of the text of judgment and the search details by statutes;

1. Article 231 of the Criminal Act (the point of Article 23 of the Private Document) and Article 234 of the Criminal Act concerning criminal facts.