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(영문) 창원지방법원 마산지원 2016.08.12 2016고정209
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On October 20, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. in the Changwon District Court Jinju branch on March 8, 2016, and the said judgment became final and conclusive on March 8, 2016.

1. On June 27, 2013, the Defendant forged private documents, with B’s permission, decided to change equipment with respect to the aforementioned mobile phone (C) while opening and using the mobile phone in B’s name. On August 18, 2013, at “E” mobile phone sales stores located in Jinju-si, the Defendant entered “B”, “F”, “F”, “B” in the resident registration number column, “B” in the applicant column, and “B” in the applicant column, and signed thereon.

The Defendant forged a copy of the application for change of equipment in the name of B, a private document on rights and obligations, for the purpose of exercising such rights and obligations as above.

2. The Defendant, at the time and place specified in paragraph 1, filed an application for change of equipment with respect to B’s cellular phone (C) in the name of EL branch Co., Ltd., who was aware of the forgery, submitted one copy of the application form for change of forged device as if it were duly constituted.

3. The Defendant, at the time and place specified in paragraph 1, submitted an application for change of the equipment in the name of B forged as above to the victim LIS Plus Co., Ltd., and carried out as if B applied for change of equipment normally, by deceiving the victim, and obtained the delivery of one cell phone equivalent to KRW 954,800 from the victim to the victim.

Summary of Evidence

1. Statement protocol prepared by a public prosecutor on B;

1. A report on investigation (Attachment to a detailed statement of payment ofC fees) and a detailed statement of payment of C fees attached thereto;

1. Investigation report (G or H telephone statement);

1. An investigation report (a new application and a copy of an application for change of equipment);

1. Previous convictions in judgment: Inquiries about criminal history and application of Acts and subordinate statutes to report criminal investigations (Attachment to latest rulings on suspects);

1. Article 231 of the Criminal Code (the point of Article 231 of the Private Document) regarding criminal facts and the choice of punishment.

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