beta
(영문) 대구지방법원 2015.05.20 2015고정120

사기등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On July 17, 2014, the Defendant was sentenced to a suspended sentence of two years on July 25, 2014 at the Daegu District Court for the crime of violation of the Road Traffic Act, etc., and the judgment became final and conclusive on July 25, 2014.

【Criminal Facts】

1. On January 26, 2012, the Defendant forged private documents: (a) purchased two mobile phone units (E and F) in D’s operation located in Daegu Northern-gu B; (b) stated the name and resident registration number, address of request, etc. in the customer information column of each SKS service new contract; (c) stated “G” in the customer information column at the bottom of each contract; and (d) signed each contract.

Accordingly, for the purpose of exercising authority, the Defendant forged the Chapter II of the New Contract for Services in the name of G, which is a private document on rights and obligations.

2. The Defendant, at the same time and place as in the preceding paragraph, displayed a forged private document by transmitting a forged copy of the new service contract, as if it was duly formed, to the following: (a) the Defendant knew of the forgery; and (b) the Defendant, at the same time and place as in the foregoing paragraph.

3. On January 26, 2012, even though the Defendant did not have the intent or ability to pay the mobile phone price, the Defendant obtained the pecuniary profit equivalent to the same amount by not paying KRW 1,628,000 in total of the mobile phone price after opening two cell phoness (E and F) in the Victim (State) Telecom.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (suspect leakage or G telephone);

1. Each description of a new service contract and its existence;

1. Previous convictions in judgment: Criminal and investigation experience, inquiry into data, and application of statutes of the judgment;

1. Relevant Article 231 of the Criminal Act and Article 231 of the Criminal Act concerning the facts constituting an offense, the choice of fines, and the choice of fines, respectively, Articles 234 and 231 of the Criminal Act and Article 347 (1) of the Criminal Act (the fact of fraud and the selection of fines);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.