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(영문) 서울동부지방법원 2016.03.08 2016고정21
사기등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant was divorced on February 2, 2005 from the former wife B and around February 2005, and there was no delegation from B on the preparation of a new application for SHW.

On January 9, 2011, the Defendant was delegated by B, as the husband of B, in the information and communication of the name and the non-speb in operation of the name and the non-speb.

In other words, the Defendant’s signature was written in the entry number column, “D”, “B”, “E”, and “E” column with the name of the Defendant written in the new application form kept at the same time, using the tampial tample, and the Defendant’s signature was written in the name of the Defendant.

Accordingly, for the purpose of exercising, the Defendant prepared a new application form for SHW, which is a private document related to rights and obligations, using the qualification of the agent of B, and issued the above CHW application form to the business owner who knows that the new application form was duly formed.

2. The Defendant, at the time and place set forth in paragraph (1) and at the same time, had the HOW new application prepared as above, sent the victim’s name and unsound employee of the above C Information and Communications Co., Ltd. to an employee, thereby deceiving the said employee as if he applied for a genuine mobile phone with the delegation from B, and had the said employee open the said mobile phone, thereby inducing the victim to open the said mobile phone, and thereby, did not pay the victim a total of KRW 574,250 for the fee from around that time to July 2012, the Defendant acquired the above amount’s pecuniary profit.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a petition (Attachment to a new application);

1. Relevant legal provisions for criminal facts, Article 232 of the Criminal Act for the choice of punishment (Preparation of private documents for qualification, selection of fines), Articles 234, 232 of the Criminal Act (the use of private documents prepared for qualification, selection of fines), Article 347(1) of the Criminal Act (the use of private documents prepared for qualification, selection of fines).

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