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(영문) 수원지방법원 안양지원 2018.12.18 2018고정443
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On January 9, 2018, the Defendant violated the Resident Registration Act: (a) the Defendant borrowed his/her resident registration certificate from B to possess it; (b) the D store located on the first floor of the C building in Si/Gun/Gu in Si/Gun; (c) the Defendant illegally used another person’s resident registration certificate by presenting the said resident registration certificate as if the Defendant’s resident registration certificate was the Defendant’s resident registration certificate, while opening his/her cell phone.

2. The Defendant forged private documents without authority prepared “B”, “F”, “G”, “G”, and “B” in the bank account number column and “B” in the bank account number column without authority in order to open and exercise the mobile phone at the date, time, place, and for the purpose of uttering of the mobile phone, and forged an application form for subscription to the mobile phone name B, which is a private document document on rights and obligations, by signing at the bottom of the application form.

3. The Defendant, at the time and place specified in paragraph 1, presented a forged application form for the mobile phone admission to the above E, who was aware of the forgery, as if it was duly formed.

4. Although the Defendant was the actual purchaser of his mobile phone, the Defendant committed the above E at the time and place described in paragraph 1, as if the Defendant was B, and received from E a mobile phone (a model name: AIPX256G) the amount equivalent to KRW 1557,90,00 from E and acquired.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to report internal investigation and investigation report (in cases of attaching an application for subscription to mobile phones, with regard to telephone conversations;

1. Relevant Article 37 subparagraph 8 of the Act on the Registration of Residents of the Election of Punishment (Unlawful Use of Resident Registration Certificates), Article 231 of the Criminal Act (the same Article as private documents), Articles 234 and 231 of the Criminal Act (the use of the above investigation document), Article 347 (1) of the Criminal Act (the use of fraud), selection of fines

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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