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(영문) 서울중앙지방법원 2015.11.24 2015고정3937
사기등
Text

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

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

Reasons

Punishment of the crime

When the Defendant came to know that B, who is her husband, obtained C’s driver’s license, he used it to open his mobile phone in the name of C, and disposed of it to raise money.

1. On November 5, 2013, the Defendant forged private documents: (a) indicated “E” in the written application for mobile phone subscription in the form of “E” located in the Nam-gu Incheon Metropolitan City, Nam-gu, in the form of a cell phone subscription; (b) indicated “C, F, Gyeonggi-do, G 106 Dong-si, Gyeonggi-do; and (c) written in the applicant column as “C” and signed in the name side.

Accordingly, for the purpose of uttering, the Defendant forged a written application for joining a mobile phone in the name of C, which is a private document on rights and obligations.

2. At the time and place specified in paragraph (1), the Defendant submitted an application for admission to a forged mobile phone to H “E” business owner who is aware of the fact to the said owner as if they were duly formed.

3. At the time and place specified in Paragraph 1, the Defendant denied the official document by presenting C’s Class C-II ordinary driver’s license under the name of the head of Seoul Police Agency, which was in possession of the official document in advance, as if the Defendant was the Defendant’s driver’s license.

4. The Defendant submitted a forged C entry application and driver’s license to the victim H as above at the time and place specified in paragraph (1) and received a mobile phone purchase and delivery in one unit of gallon road in the market value of KRW 1,067,000, when he/she walloned as C.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. A report on internal investigation (in the case of a contracting agency H and telephone call);

1. Application of entrance application and copy of driver's license Acts and subordinate statutes;

1. Relevant Article 231 of the Criminal Act concerning the crime, the choice of punishment (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of counterfeited private document), the Criminal Act.

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