beta
(영문) 의정부지방법원 고양지원 2019.10.30 2019고단2168

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant is a person who served as an employee at the Busan mobile phone discount store operated by BD from early 2018 to January 2019.

1. Crimes against the victim BG;

A. On March 7, 2018, the Defendant received a request from the victim BG for termination of the gallon PC use contract that the victim had used in the existing area, and used BH mobile phone opening through using the victim’s personal information, which would have been known at the time of termination, and used it to make small payment by using it.

On March 7, 2018, the Defendant, at the above BF cell phone discount store, concluded that “the Defendant sent a resident registration certificate to the victim as a result of termination of the BF cell phone use contract on a gallon thalthoPC use contract.”

However, the defendant only intended to open BH mobile phones in the name of the victim using the above resident registration certificate, and there was no intention to terminate the BH PC use contract by using it.

As above, the Defendant, by deceiving the victim, received the resident registration certificate from the victim around March 7, 2018, and then opened the BH mobile phone via it, did not pay it to the victim, even though he/she claimed the amount equivalent to KRW 5,923,100 from March 7, 2018 to March 6, 2019.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

B. In the form of BH mobile subscription application form, which was held in advance for the purpose of uttering, at the date, time, and place of paragraph (a) of Article 1, the Defendant entered “BG”, “BI” in the subscriber column, “BI” in the subscriber address column, and “BL” in the subscriber number column, and signed the name of BG next thereto.

Accordingly, for the purpose of exercising, the Defendant forged the BH mobile subscription application in the name of BG, a private document related to rights and obligations.

C. The defendant in the event of the above investigation document is governed by Article 1.