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(영문) 울산지방법원 2015.04.03 2015고정136
사기등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 21, 2013, the Defendant forged a private document under the name of “C” (hereinafter “C”) and the name and resident registration number of “D” in the customer name column, and entered D’s mobile phone number in the contact column, entered D’s address column, entered “D” in the applicant column, and forged two copies of “C” in the name of “D”, which is a private document document for the purpose of exercising rights and duties without authority.

2. On May 21, 2013, the Defendant held the aforementioned C mobile phone sales store E, who knew of the forgery at the place indicated in the above paragraph (1) of the same Article, as if he were the document duly formed, the two copies of the forged C mobile phone sales store E were the document.

3. On May 21, 2013, the Defendant submitted two copies of the “application for Maleleh Moble” in the place indicated in paragraphs (1) and (2) of this Article, as if he obtained D’s permission, and the Defendant was committed as if he obtained D’s permission, and the Defendant received 2,265,510 won (F, and G) from the victim E, and had the victim pay 2,265,510 won in sum of the price of the instant mobile phone terminal, etc., thereby deceiving the victim, thereby obtaining pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each subscription application, certificate of application for issuance of resident registration certificates, and certificate of forced receipt of identity theft;

1. Articles 231, 234, and 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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