beta
(영문) 전주지방법원 군산지원 2015.07.15 2015고정165

사기등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operated a mobile phone sales store called "C" from January 2, 2012 to October 2012.

1. On July 12, 2012, the Defendant did not have any intention or ability to pay the user fee and the Hand-on device value, even if the Defendant opens a mobile phone from the mobile phone sales store of “C” in the name of the victim D from the beginning to the mobile phone sales store of “C”.

Nevertheless, the Defendant, after opening the mobile phone (E) in the name of the victim, had 435,740 won from July 2012 to November 30, 2012 and 994,40 won from the mobile phone apparatus value of the mobile phone and 1,430,140 won imposed on the victim, acquired the same amount of financial benefits.

2. The Defendant forged a new application, which is a private document on rights and obligations, by arbitrarily recording the victim’s name and resident registration number, “D” and “F,” for the purpose of uttering, using a cell phone in the name of the victim, as set forth in paragraph (1), at the time and place set forth in paragraph (1).

3. The Defendant, at the time and place set forth in paragraph 1, submitted a forged new application to an employee of a mobile phone agent working in “G” as set forth in paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Act and subordinate statutes to a copy of a new application form Maleh Mobio;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;