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(영문) 전주지방법원 2016.12.23 2016고단1955
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 14:00 on October 7, 2014, the Defendant forged a private document, and the uttering of the said private document: (a) at the mobile phone sales store of “AK” operated by AJ located in AI located in YY-gu, U.S., U.S.; (b) at his/her own discretion, he/she opened a mobile phone (AM) and submitted a forged document to AJ in the customer name column of “AL” and “N” to the effect that he/she arbitrarily opens a mobile phone (AM) and purchases one unit of a gallehh 4 mobile phone in the galle-gu, U.S., U.S., without the consent of AL; and (c) continuously, he/she stated the “AL” in the applicant column of the said application as “AL” and submitted the forged document to AJ as above.

Accordingly, for the purpose of exercising, the Defendant forged a written application for joining a mobile phone in the name of AL, which is a private document related to rights and obligations, and exercised it.

2. The Defendant, at the time, at the time and place specified in the above Paragraph (1) above, committed the above facts as if he obtained the consent even though he did not obtain the consent from AL on opening of the cell phone and purchasing of the installment, and submitted one copy of the forged mobile phone subscription application to AJ as stated in the above Paragraph (1) to the victim AJ, thereby deceiving the victim by obtaining from the victim one set of the gallon 4 mobile phone juth of the market value of KRW 957,000 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to AJ by the police;

1. A complaint;

1. Application of an application for membership and a copy of resident registration certificate;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Article 231 of the Criminal Act, Article 234 of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud point and Selection of Imprisonment)

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Review of the sentencing criteria;

(a)an offence of forging private document for crimes 1 and 2;

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