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(영문) 서울중앙지방법원 2015.08.27 2015고정2880
사기등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

When the Defendant was unable to open his mobile phone in his name due to the delinquency in payment of charges, he was able to open his mobile phone using the name of the Defendant B.

1. At around 12:00 on January 4, 2015, the Defendant forged private documents: (a) entered “B” in the “E” agency prior to the withdrawal of the Category C located in Jung-gu Seoul, Jung-gu, Seoul, stating “B” in the column for buyers of the application for new purchase of mobile phones and the applicant column using a pen exclusively used for smart pester; and (b) signed on the name side of B.

For the purpose of exercising, the Defendant forged a copy of the application for joining the mobile phone in B, which is a private document related to rights and duties.

2. The Defendant used a forged private document by issuing an application for admission to a falsified mobile phone at the time and place specified in paragraph (1) to F of E agency employees F, who knew of the forgery, as if they were duly formed.

3. The defrauded: (a) the date, time, and place indicated in paragraph (1) that the Defendant did not have any property or income; and (b) the Defendant did not have any intent or ability to pay the mobile phone fees even if the amount of delinquent charges in the name of the Defendant opened via a mobile phone of KRW 1,738,670; (c) the Victim G, an operator of the E agency, deceiving the victim of the payment of the mobile phone fees of KRW 100,000 per month; and (d) the defrauded was immediately issued from the victim with one gallon of KRW 957,00,000 per month.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on application for membership;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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