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(영문) 의정부지방법원 2016.03.31 2015고단5003

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 3, 2013, at a place where it is difficult to know the place, the Defendant made a false statement to the victim C to the effect that “The Defendant would pay the borrowed money by purchasing the mobile phone to display it on a portable phone store, and by borrowing the money from the lender.”

However, at that time, the Defendant did not pay the tax of approximately KRW 20 million and was in bad credit standing. The Defendant had a considerable amount of KRW 30 million for each month due to the operation of the mobile phone store. Even if the Defendant borrowed money from the injured party, the Defendant had no intent or ability to pay the borrowed money to the injured party, and thus, did not have any intent or ability to pay the borrowed money to the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above and deceiving the victim to the Agricultural Cooperative Account under the name of the Defendant; (b) KRW 20 million from May 30, 2014 to the new bank account under the name of the Defendant; and (c) KRW 20 million from May 30, 2014 to the new bank account under the name of the Defendant;

6. A remittance was received on March 13, 200,000 won in total, including KRW 9.7 million around December 12, 198, and KRW 71.7 million around December 13, 2000 around the same month.

2. On February 12, 2015, the Defendant forged a private document at a portable phone store operated by Defendant E, which is located in Do Government-si D, and was located therein.

In the space of customer information column for the application for subscription to the new contract form for the est telecom service, the applicant entered “C”, “F” and “C” in the column of customer information, and signed C next to the entry.

For the purpose of exercising authority, the Defendant forged one copy of a new service contract in the name of C, a private document on rights and obligations without authority.

3. The Defendant, in the event of the foregoing investigation document, issued the forged new service contract to H as if it was duly formed in the manner described in the preceding paragraph, in I operated by H in the Dong Government-si G on the same day as in the preceding paragraph.