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(영문) 창원지방법원 통영지원 2016.09.06 2016고단126
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On July 27, 2015, the Defendant used computers, etc.: (a) connected the victim D’s home located in Tong Young-si, through his mobile phone from the victim’s mobile phone; (b) entered information equivalent to KRW 573,770 of the mobile merchandise coupon 573,770 to the mobile phone gift certificates used by the Defendant without authority; and (c) obtained pecuniary benefits equivalent to the same amount.

2. The Defendant stolen the victim’s resident registration certificates and cash 10,000 won, which were located at the time and place specified in paragraph (1).

3. Fraudulent, fabrication of private documents, or uttering of private documents;

A. On July 27, 2015, at around 16:00 on the same day as indicated in paragraph (1), the Defendant arbitrarily prepared two copies of a new contract for mobile phone service in the name of D using a stolen resident registration certificate, such as Paragraph (2), at the F agency located in Young-si, as set forth in paragraph (1), and submitted them to the victim G of the said agency who is aware that the said new contract for the mobile phone was forged, and received delivery from the victim who believed that D applied for the service of the mobile phone, one unit of the 6,000 mobile phone in the amount of KRW 10,000 and one unit of the M-G925S mobile phone in the market value of KRW 87,90,00, respectively.

As a result, the defendant has forged two copies of the mobile phone new contract in the name of D, which is a private document on rights and obligations, and acquired two mobile phones from the victim by using them.

B. On July 28, 2015, the Defendant: (a) at around 16:00 on July 28, 2015, the Defendant: (b) arbitrarily prepared one copy of a new contract for mobile phone service in the name of D using the stolen resident registration certificate, as set forth in the foregoing 2.2; (c) submitted it to the victim J, who is the above I operator, and was believed to have been forged; and (d) received from the victim who believed that D applied for a mobile phone service, one mobile phone of KRW 925,00 at the market price of KRW 94,90,00 from the victim who believed that D applied for a mobile phone service.

Accordingly, the defendant is named D, a private document on rights and obligations.

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