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(영문) 수원지방법원 2015.02.05 2013고정3485

사기등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant is a person who sells mobile phones.

1. On November 201, 201, the Defendant: (a) made a telephone call to the victim C (23 and inn) on or after the end of a period of time, the Defendant: (b) stated, “When sending the identification card of the nominal owner of a mobile phone, the Defendant would substitute the cell phone currently used (gallon S-2HDE) with a new mobile phone (galloned S-2HDE) without any condition, such as paying a penalty and paying a device by installments.”

However, even if the defendant exchanges a mobile phone in the name of the victim with a new type, he did not have the intention or ability to pay the penalty or the remaining installments of the old type terminal.

On December 5, 2011, the Defendant: (a) prepared an application for change of equipment on a mobile phone (gallon S-2) that became aware of the victim’s resident registration certificate in Suwon-si; (b) sent the F number arbitrarily to the employee in charge of opening the SK Telecom headquarters; (c) obtained benefits equivalent to KRW 878,370 by failing to pay the penalty and the remaining installment of the former mobile phone device as notified to the victim at the beginning; and (d) obtained benefits, such as imposing the installment of the device and the charges for using the device.

2. On December 5, 201, the Defendant: (a) obtained the victim’s resident registration certificate from the “E” office located in Suwon City, as described in paragraph (1) from the victim’s resident registration certificate to his/her photograph; (b) entered “C” at his/her own discretion in the name column of the subscriber to the application for change of the Telecom; (c) entered “C” in the resident registration number column; (d) the applicant’s resident registration number column; and (e) written “C” in the applicant’s customer column; and (e) signed C following his/her name.

Accordingly, for the purpose of uttering, the Defendant forged a written application for change in the name of the victim, which is a private document on the rights and obligations of others.

3. The Defendant was forged at the same time and at the same place as Paragraph (1).