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(영문) 의정부지방법원 2017.05.25 2017고정204
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 15, 2016, the Defendant was sentenced to one year and eight months of imprisonment for fraud, etc. at the Seoul Northern District Court, and the said judgment became final and conclusive on April 15, 2017.

1. On July 19, 2014, the Defendant: (a) stated “D”, “E”, “E”, “A”, and “B” in the main column of the application for mobile phone entrance at a sales store located in Songpa-gu Seoul, Songpa-gu, for the purpose of uttering at the store C; (b) signed the application for mobile phone entrance without authority; (c) forged one copy of the application for mobile phone entry in the above D’s name; and (d) carried out a forged private document by transmitting it to the agency of the KT-type.

2. The Defendant, at the time and place specified in paragraph 1, led the victim to the act as if he would normally pay the charges and installments on the face of the week by opening the forged mobile phone to the person in charge of the influence of the victim KT, while deceiving the victim by doing so.

However, the defendant did not have the intention or ability to pay the price and installments normally even if the damaged person opens the mobile phone.

After all, the Defendant, by deceiving the victim as such, opened and used the cell phone from the victim, and acquired the same amount of pecuniary benefits because the Defendant did not pay 582,79 won for installment payments and use of the cell phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police preparation with regard to D;

1. A petition, a copy of an application for membership, and a report on internal residence (investigation of the account holder);

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act (the point of aiding and abetting private documents), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively, for the crime;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.

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