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(영문) 수원지방법원 2016.05.20 2016고단1082

사기등

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On February 16, 2015, the Defendant was sentenced to a suspended sentence of four months for a violation of the Military Service Act by committing a violation of the Military Service Act in the Suwon District Court’s Ansan Branch on April 24 of the same month, and the judgment became final and conclusive on March 3, 2015, upon being sentenced to a suspended sentence of two years for fraud on March 3, 2015, the judgment became final and conclusive on March 11 of the same month after being sentenced to a suspended sentence of two years for a crime of fraud at the Suwon District Court’s Ansan Branch on March 30, 2016, and on March 30, 2016, the judgment became final and conclusive on April 7, 2016.

1. On January 7, 2015, the Defendant: (a) around January 7, 2015, issued a new service contract; (b) written consent for the collection, use, provision, and handling of personal information, location information, and credit information; (c) written consent for entrustment and marketing receipt of private document forgery and the use of the aforementioned private document in the name of D, which is a private document concerning rights and duties, signed by the applicant for a discount system, signed on the face of D’s name; and (d) exercised each of the said documents by delivering the said documents as if they were duly formed to the said agency employee, who was aware of the fact at tin.

2. The Defendant: (a) committed fraud in the sales agency of the foregoing mobile phone operated by a person whose name is unknown at the time of the day specified in paragraph (1); (b) the Defendant opened the mobile phone without D’s consent; and (c) even if opened the mobile phone, the Defendant did not intend to pay the terminal price and the user fee; (d) took the same attitude in which the Defendant would normally pay the terminal price and the user fee; and (e) was given from the employees of the foregoing agency, the Defendant was given the mobile phone so long as he did not pay the user fee by selling it to a person whose name is unknown; and (e) was given property or acquired property gains in the aggregate amount of KRW 1,49,670.

Summary of Evidence

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