beta
Text
Defendant
M In 3 years and 6 months of imprisonment, Defendant E shall be sentenced to two years of imprisonment, Defendant A, C, and N, respectively, and Defendant B.
Reasons
Punishment of the crime
[2015 Highest 417]
1. The crime of fraud by Defendant C, fabrication of private documents, or uttering of private documents;
A. On November 1, 2012, the Defendant made a false statement to the victim AJ, “I will take over and operate an AI mobile phone sales store, but will pay the price if I deliver the mobile phone.” However, even if the Defendant received the mobile phone sales store from the victim, he was merely a plan to make a cash loan to the purchaser without opening it regularly and selling it, and did not have an intention or ability to pay the price of the mobile phone sales store. The Defendant was from November 1, 2012 to November 20, 2012, the Defendant received 32 mobile phone sales units equivalent to the market price of 28,825,50 won from the victim to November 20, 2012, and thereby, the Defendant received property from the victim and received property from the victim, and the Defendant was supplied with the mobile phone sales at the victim’s place on December 11, 2012.
However, in fact, even if the victim is supplied with the mobile phone, the defendant only planned to provide cash to the purchaser without opening and selling it regularly, and did not have the intention or ability to pay the mobile phone price while operating the mobile phone sales store.
Around November 10, 2012, the Defendant received five mobile phone terminals with a market price of 5,105,100 won and ten core chips from the victim.
Accordingly, the defendant was given property by deceiving the victim.
B. On November 6, 2012, the Defendant forged private documents at the AI mobile phone sales store listed in paragraph 1(a) of Article 1, and at the AI mobile phone sales store, the Defendant had AL, which had tried to work for the Defendant, enter into a new service contract and a contract for the installment sale of a terminal, and the resident registration number and address of AM.