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(영문) 수원지방법원 안산지원 2013.06.20 2013고정816

사기등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 28, 2011, the Defendant was sentenced to imprisonment with prison labor and two years and six months in Seoul Southern District Court for violating the Act on the Regulation of Conducting Fund-Raising Business without Permission, and the said judgment became final and conclusive on April 4, 2012.

1. At around 12:30 on May 20, 201, the Defendant, within the name column of the application form for mobile phone subscription operated by B, entered “E”, “F” in the resident registration number column, “F” in the address column for receipt of the request form, “E” in May 20, 2011, and “E” in the customer column of the application form for mobile phone subscription operated by B.

Accordingly, the defendant forged one copy of the mobile phone subscription application in the name of E, which is a private document on rights and duties for the purpose of uttering.

2. The Defendant, at the same time and place, delivered to B, who was aware of the forgery, a falsified mobile phone entrance application form as mentioned above, as if it were a document duly formed.

3. The Defendant presented the E’s resident registration certificate obtained on the same date, at the same place, and to B in an irregular manner, and illegally displayed the official document.

4. The Defendant, at the same time and place, presented the E’s resident registration certificate that he acquired by means of forgery of a forged mobile phone subscription form or by influence, opened a mobile phone IM-U510S equivalent to KRW 55,500, and deposited KRW 320,000 in a new bank account (Account No. H) in the name of the Defendant, and took profits equivalent to KRW 1,175,960 in total by means of not paying an amount equivalent to KRW 865,960 in the mobile phone call fee.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning B (Supplementary to Complaints);

1. A copy of a new service contract, a certificate of transfer, a written confirmation, and a written confirmation for payment of fees;

1. Previous convictions in judgment: Application of Acts and subordinate statutes for investigation reports (report attached to a judgment, etc.);

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the Criminal Act for the crime, the choice of punishment for the crime (the occupation of an illegal investigation document).