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(영문) 서울남부지방법원 2014.04.17 2014고단904
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On October 31, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Chuncheon District Court on March 26, 2013, and completed the execution of the said sentence.

【Criminal Facts】

1. On July 11, 2013, the Defendant forged a private document, and the uttering of the private document, made an employee of a mobile phone agency, who is unable to know his/her name through AE, a mobile phone sales employee, from sunrise to sunrise, at the home page of the virtual phone sales promotional event in Yeongdeungpo-gu Seoul Metropolitan Government, Young-gu, the Defendant arbitrarily signed AF on July 11, 2013, stating that “AF”, “AG”, “AG”, and “AF” in the column of resident registration number, and “the address column” in the column of the application form for the mobile phone purchase, and exercised it by allowing the said AF to arbitrarily sign on the name of the said AF, and then send it to the staff of the Scom Telecommunication Co., Ltd., who is aware of the forgery around that time.

Accordingly, for the purpose of uttering, the Defendant forged a written application for subscription to a mobile phone in the name of AF, which is a private document on rights and obligations.

2. The criminal defendant presented his/her resident registration certificate to AF as if he/she obtained consent from AF to his/her aforementioned mobile phone sales staff AE at the time and place specified in paragraph (1) and received a delivery from AE of one cell phone at the market price equivalent to 264,000 won at that place.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (including the substitute part);

1. The police statement concerning AF;

1. A new contract on mobile phone subscription;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning inquiry reports and the current status of personal identification and confinement;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 231, 34(1), and 31(1) of the Criminal Act (the act of aiding and abetting private documents), Articles 234, 231, 34(1), and 31(1) of the Criminal Act (the act of uttering private investigation documents), Article 347(1) of the Criminal Act, the choice of imprisonment with labor

1. The Criminal Act among repeated crimes;

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