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(영문) 부산지방법원 2018.05.09 2018고정398
사기
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 29, 2017, at around Busan Gangseo-gu mobile phone sales store, the Defendant entered “N”, “P”, “N”, and “N” in the column of the name of the site where the Defendant entered the application form in order to use the N’s name by stealing the N’s name and to open the O’s mobile phone, and then arbitrarily signed the application form for subscription to the forged mobile phone through U.S., the owner of the above sales store, and sent it as if it was genuine to the employee in charge of not knowing the forgery of the application form through U.S., the owner of the above sales store.

Defendant deceiving the victim by submitting a forged application, even though there was no consent from N to open the above mobile phone, and there was no intent or ability to pay the use fees, etc. normally. The Defendant opened one mobile phone (a model name: AIP7P-128BK) in the N’s name from the damaged party, and did not pay the sum of KRW 1,152,80 and KRW 825,630, total of the mobile phone device value and KRW 1,978,430, and did not pay KRW 1,978,430.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against U;

1. Application of Acts and subordinate statutes to a mobile phone entry application and a receipt for carry fees;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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