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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On December 27, 2016, the forgery of a private document, the event of the above investigation document, and the fraud, on December 27, 2016, the Defendant: (a) drafted one copy of the application form for subscription to mobile communications in the name of the customer, F,G, and the Seoul Dongdaemun-gu H building 304, stating each column of the customer name, date of birth, contact, and address using the pen on the application form for subscription to the KT mobile communication, with the intent to open the friendly mobile phone, which is a mobile phone sales store located in Gwangjin-gu Seoul Special Metropolitan City, with the intent to open the friendly mobile phone’s resident registration certificate; and (b) written each column of the customer name, date of birth, contact, and address using the pen on the application form for subscription to the ET mobile communication, and signed the application form “E” again in that column.
Since then, at the same time and place as above, the Defendant: (a) by deceiving the victim I, who is a seller working at that place, as if the Defendant was delegated with legitimate authority by E; and (b) by deceiving the victim I by submitting one copy of the application for subscription to the mobile communication in the name of counterfeit E; (c) had the victim I join the KT mobile communication in the name of E; and (d) received one cell phone from the victim I in the amount of KRW 1,152,800.
Accordingly, the Defendant, for the purpose of exercising rights and duties, forged a copy of the application form for subscription to mobile communication in the name of E, which is a document related to rights and duties, and exercised it, and received property by deceiving the victim I.
2. On December 28, 2016, events such as the electronic records of the company’s company and the electronic records of the company, etc., and the fraud Defendant: (a) on December 28, 2016, at the KT mobile communications agency near the subway station K2 near the subway station located in Seongdong-gu Seoul High Court, the Defendant was connected to the KT mobile network using a string for employees to open the friendly mobile phone with the intent to obstruct the handling of business affairs; and (b) on December 28, 2016, the Defendant connects the KT mobile network with the string for employees to open the friendly mobile phone for the purpose of handling business affairs; and (c) was called “E”, “F”, and “Seoul Dongdaemun-gu Building 304,” respectively.