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(영문) 대전지방법원 천안지원 2017.09.08 2017고단824
사기등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. On January 9, 2016, the Defendant drafted a private document for qualification maternity and exercised the following: (a) around the first floor of Pyeongtaek-si building C, and (b) even though there was no fact that he/she was authorized by E to open a mobile phone, the Defendant entered “E”, “G”, and “A” in the column of the subscriber to the “application form” in the “E”, “date of birth,” and “the applicant (agent)” in the column of the “E”, and signed on the name following the name.

Accordingly, for the purpose of exercising authority, the Defendant prepared a copy of the above application for membership, which is a private document concerning rights and obligations, by gathering the qualification of the agent of E without authority, and issued it to H, which knows that the above application for membership was prepared with the qualification of the agent in the same place.

2. The Defendant, at the above date and at the above place, submitted an application for joining the said mobile phone agent, to H, who is the president of the said mobile phone agent, as seen above, and was engaged in a false act as if he/she had the permission of E, and was issued one mobile phone (F) from the above H, and was provided with telecommunications services equivalent to KRW 1,523,960 at the market price from the victim LGU Telecom from around the above day to July 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A H statement;

1. A written confirmation of subscription and an application for subscription;

1. Account inquiry;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 232 of the Criminal Act (the point of preparing private documents for qualification qualification), Articles 234 and 232 of the Criminal Act, and selection of fines, respectively, for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that a repeated crime is committed during the period of a repeated crime due to the same crime as the sentencing of Article 334(1) of the Criminal Procedure Act is being committed, and is against the law.

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