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(영문) 부산지방법원 2014.04.11 2013고정6415
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On August 7, 2012, around 10:30 on August 7, 2012, the Defendant forged private documents, using an official approval color pen on the application form for mobile phone entrance within the agency located in the Jung-gu Busan City, Jung-gu, Busan, to enter “D”, “E”, “E”, and “D” in the subscriber column, and voluntarily signed it in front of the name.

Accordingly, the defendant forged two copies of the mobile phone entrance application in the name of D, which is a private document related to rights and duties for the purpose of exercising the right in collusion with the false name beneficiary.

2. The Defendant, in collusion with the person who was unaware of his name, delivered two copies of the forged application form as if the document was duly formed, to F, at the same time and time as that in paragraph (1).

3. The Defendant, in collusion with the person who was unaware of his name, proposed the above-mentioned resident registration certificates of D in collusion with the person who was unaware of his name, and the person who was unaware of his name, thereby deceiving F as if he had a legitimate right to enter a mobile phone by driving as if he were the person who was in a private relationship with D and D.

The Defendant, as above, obtained a cell phone (a model name Switzerland LETEX) that was opened in the name of D from the deceiving F, and acquired the amount equivalent to KRW 1,79,600 at the market price of 2 mobile phones 1,79,600.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to mobile phone subscription applications;

1. Articles 231, 30 (a point of view in the private document), 234, 231, 30 (a point of view in the private document), 347 (1), and 30 (a) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act competition among the crimes of uttering of a falsified investigative document;

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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