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(영문) 부산지방법원 2015.10.07 2015고정1521

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[2015 High Court Decision 1521]

1. The crime committed on April 17, 2013;

A. On April 17, 2013, the Defendant forged private documents: (a) at the office of “C”, a mobile phone sales store operated by the Defendant in Busan Dong-gu, Busan, to enter the opening performance of the mobile phone; (b) without obtaining the prior consent or consent of customers D; (c) using his/her personal information; (d) entered his/her name in the name column of the new contract for the SK Telecom Service; and (d) entered his/her name “D”, “F”, and “D” in the resident registration number column.

Accordingly, for the purpose of uttering, the Defendant forged a new contract for mobile phone service in the name of D, a private document on rights and obligations.

B. The Defendant submitted a new contract for mobile phone service in the name of D forged at the time and place specified in the preceding paragraph to the staff in charge of SK Telecom and exercised the same by using one cell phone as the Defendant actually formed one copy of the new contract.

C. The Defendant’s fraud is above.

At the time and place stated in the paragraph, the victim D opened only one cell phone at the time and place, and the defendant opened the above cell phone through SK Telecom staff without the intention or ability to pay the mobile phone user fee, and then acquired property benefits equivalent to the same amount by allowing the victim to pay the user fee and the installment of the device at 636,280 won without paying it.

2. The crime committed on April 18, 2013;

A. On April 18, 2013, the Defendant forged private documents: (a) at the office of “C”, a mobile phone sales store operated by the Defendant in Busan Dong-gu, Busan, to enter the opening performance of the mobile phone; (b) without obtaining the prior consent or consent of customers D; (c) using his/her personal information; and (d) using his/her personal information, the Defendant “D” and “F” in the name column of the new contract for the SK Telecom Services.