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(영문) 부산지방법원 2016.09.21 2016고단3381

사기등

Text

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

Reasons

Punishment of the crime

"2016 Highest 3381"

1. Crimes concerning the nominal AP;

A. On June 27, 2015, the Defendant: (a) served as an employee at the phone-phone store located in Q in Jung-gu Busan, China; and (b) signed on June 27, 2015, the Defendant entered “AP” in the name column of customer information on the application for subscription, “AP” in the “AP”, “AP” in the “AP” column of date of birth, “AP” in the “AP” column of date of birth, and “AP” in the “AP” column of the applicant column 3.

Accordingly, for the purpose of uttering, the Defendant forged one copy of a new SK Telecom service contract in the name of AP, which is a private document related to rights and duties, and used the copy by transmitting it to a staff who could not know the name of the SK Telecom Co., Ltd. who was unaware of the forgery.

B. The Defendant: (a) filed an application for entering a forged mobile phone at the aforementioned time and place; (b) opened the mobile phone by submitting it to the Victim Ecom Telecom Co., Ltd.; and (c) took place as if he/she had ordinarily opened the mobile phone to an employee belonging to the victim, who is aware of such fact, as if he/she had ordinarily opened the mobile phone, and (d) was fluened by the said employee with one mobile phone carrying 6 flus (number AT) at a price equivalent to KRW 1,056,00 which was owned by the victim.

Accordingly, the defendant was given property by deceiving the victim.

(c)

On August 19, 2015, the Defendant entered “AT”, “AP”, “AP”, and “AP” in “AR,” and signed on the “AP” column in the name column, “AP” and “AP” column in the “AR, customer (agent) column” without the consent of AP in the above E office.

Accordingly, for the purpose of uttering, the Defendant’s “application for the change of SK Telecom / USIM” in the name of AP, a private document on rights and duties, is forged, and the name of SK Telecom Co., Ltd., which was unaware of the forgery.