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(영문) 서울동부지방법원 2016.10.19 2015고단2498

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On March 7, 2014, the Defendant stated that “D” located in Dongjak-gu Seoul Metropolitan Government Seoul on March 7, 2014, and “A victim E will give KRW 200,000 won per one honorarium if he/she operates a mobile phone sales business, but opens two mobile phones in the name of the party, he/she will give a reward. There is no payment of any fee, such as the value of the mobile phone apparatus and the rate of communications.”

However, in fact, the defendant thought that he sold the mobile phone opened in the name of the victim and had the price, but did not have an intention or ability to pay the value of the mobile phone, communication fee, etc. which was opened in the name of the victim.

The Defendant, by deceiving the victim as such, had the victim open two cell phones in the name of the victim, namely, at the victim’s seat, and received two cell phoness equivalent to the market value of KRW 1,368,00 from the victim. From April 2014 to September 2014, the Defendant had the victim bear KRW 450,200, and acquired pecuniary benefits equivalent to the same amount.

2. The Defendant, “2015No3026, the Defendant,” with F’s knowledge of F’s personal information, opened the cell phone in F’s name, and thought to raise money from selling the cell phone.

Around October 14, 2014, the Defendant forged a private document, stating that “H” mobile phone agency located in Pyeongtaek-si G, and that I had an agent employee write his/her written application for joining the mobile phone “subscriber F, resident registration number J, and applicant F on October 14, 2014,” and had F sign his/her name.

Accordingly, for the purpose of uttering, the Defendant forged a letter of application for membership in F, a private document related to rights and obligations.

B. The Defendant’s uttering of the above investigation document

At the time and place stated in the paragraph, the said I had the said I present the application for forgery as if it were a document duly formed.

(c) fraud;