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(영문) 대전지방법원 2014.05.01 2014고단154

사기등

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

The defendant, who was known to the defendant, stolen the name of CG and purchased a mobile phone in an installment, sold it to the purchaser of the mobile phone to raise the cost of living, etc.

1. On June 13, 2013, the Defendant forged private documents at the “N” mobile phone sales agent located in Jung-gu Daejeon, Daejeon, without authority, entered “CG”, “CH”, and “CG” in the customer name column of the service contract form kept in the said agency without authority to exercise the right, and written a new contract in the name of “CG” and “CG” of the applicant customer column in the same manner, such as signing “CG” on the next side.

Accordingly, the Defendant forged the new application form in the name of CG, which is a private document on rights and obligations.

2. The Defendant at the time and place specified in the preceding paragraph, applied for and delivered a new mobile phone entry to N's P, who is unaware of the fact that the four copies of the new application form under the name of CG that was forged was genuine.

Accordingly, the defendant exercised four new written application for entry in the name of CG, which is a forged private document.

3. In applying for subscription to a mobile phone purchase and telecommunications service to P, an employee of N, at the date and time, at a place, as described in paragraph (1), the Defendant is not CG, the nominal owner of the application for new subscription, and even if the Defendant did not have the intent or ability to pay the cost of equipment and communications even if he/she purchased the equipment and purchased the equipment, he/she would not have the intent or ability to pay the cost of equipment and communications. As such, the Defendant deceiving P as he/she would pay the cost properly, thereby inducing P to submit a new subscription to the telecommunications service under the name of CG prepared by the Defendant in the Victim SK Telecom Co., Ltd., the Defendant was provided with the telecommunications service for four mobile phoness from the victim company on the same day, and from that date, until October 28, 2013 the total amount of the telecommunications fee of KRW 1,