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(영문) 서울중앙지방법원 2016.05.18 2015고정3331
사기등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On the early December 2014, the Defendant embezzled the victim’s resident registration certificate by failing to return, even though he/she acquired one copy of the resident registration certificate for B issued by the head of the Gwanak-gu Office in Seoul Special Metropolitan City, which was lost by the victim B, on the roads near the new forest street located in the Gwanak-gu Office in Seoul Special Metropolitan City.

2. On December 2, 2014, the Defendant: (a) in collusion with C on December 2, 2014, at the “F” mobile phone agent for the victim E’s mobile phone operation in Gwanak-gu, Seoul Special Metropolitan City; (b) the Defendant, without authority, forged the “Buyer” in the total of five documents, including an application for new subscription to the LG Plus mobile phone, a written consent for the use of personal information, a discount program, a written consent for the use of LG Plus, and an application for mobile phone coverage; and (c) the “subscriber” and “applicant” in the “B”, entered the name of “B” in total of 13 places; and (d) signed the “B” in the name of “B”; and (e) performed each document with the intent to exercise the said document by delivering it to the victim E without authority.

3. Illegal uttering of official document in collusion with C, the Defendant had already obtained and had been in possession of the document in collusion with C, submitting the document in the above B’s name, and demanding identification.

A resident registration certificate for B was presented, and an official document was illegally presented.

4. The Defendant: (a) conspired with C to commit the act as if Defendant A was in collusion with C; (b) delivered mobile phones; and (c) by deceiving the victim E, as if he were to pay the price and the communication fee normally; and (b) by deceiving the victim E from the victim to receive one cell phone of “Aop 6 flus” amounting to KRW 899,800 at the market price; and (c) by deceiving the victim E to obtain pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. A protocol concerning the interrogation of each police officer against the defendant or C;

1. A written petition (E);

1. The E police statement protocol;

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