beta
(영문) 서울중앙지방법원 2016.04.07 2016고단590

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 19:40 on January 31, 2016, the Defendant: (a) carried out the necessary procedures, such as the embezzlement of the deserted articles in possession; (b) in the south-gu neighboring toilets located in Guro-gu Seoul Metropolitan City, Guro-gu 7, with one resident registration certificate owned by the victim C; (c) one copy of a driver’s license; and (d) one copy of a certificate of completion of basic construction safety and health education; and (c) returned to the victim.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On February 1, 2016, the Defendant: (a) indicated the LG Plus E agency located in Yeongdeungpo-gu Seoul Metropolitan Government on the screen “C” in the “applicant/subscriber” and the “Buyer” column respectively; and (b) stated the aforementioned written application for the purchase of a mobile phone in the name of “C” in addition to “C” and presented the aforementioned written application for the purchase of a mobile phone to F, who is aware of the forgery.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the application for joining the mobile phone in the name of C, which is a private document related to rights and obligations, and exercised it as if it was duly formed.

3. The Defendant’s fraud

2. At the time, at the same time, at the place of entry, the above-mentioned application for subscription to the mobile phone and the resident registration certificate of C acquired as above 1. paragraph 1. were presented to the victim F, an employee of the above agency, who opened a mobile phone in C’s name and received delivery, as if he would pay the mobile phone price normally.

However, even if the mobile phone is opened in the name of C, there is no intention or ability to pay the price.

The Defendant, as such, by deceiving the victim, received one mobile phone unit from the victim of Samsung Galgal ju (A5 mobile phone) in the amount of KRW 399,00 from the victim, and acquired it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to G or F;

1.A counterfeited description;