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(영문) 청주지방법원 2016.08.19 2016노427

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the misunderstanding of facts -L or N’s forgery of private documents and the uttering of a falsified investigation document, the Defendant prepared an application for joining a mobile phone with delegation or consent from L or N for new application for joining a mobile phone, but the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The gist of this part of the facts charged is that the Defendant: (a) from April 2014 to August 2014, the Defendant works as an employee in the “D”; (b) from September 2014 to the “F” located in the “Gu, Seo-gu, Seo-gu; and (c) from September 2014 to the “F” located in the “Gu, Seo-gu, Seo-gu; (d) the Defendant kept the cell phone device supplied by the telecommunications agency; and (e) was in charge of duties, such as the sale of cell phones devices, receipt of charges

(1) On December 2, 2014, the Defendant: (a) stated the document forgery of L’s private document in the name and the event of the said investigation document as “M”, “M”, “date of application”, and “L” in the column of “the date of application” in the “name of customers” in the “name of customers” in the “name of customers”; (b) forged the mobile phone application in the name of L’s name, which is a private document related to rights and duties without authority for the purpose of exercising the signature by the name following L’s name; and (c) forged the mobile phone application form in the name of L’s name, which is a private document related to rights and duties without authority; and (d) submitted the same date to the staff of KTO who is not aware of the fact that the application form was forged.

B. The Defendant, on December 3, 2014, shall exercise his private document forgery under the name of N and the event of the said investigation document in F.