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(영문) 대구지방법원 2016.08.10 2016고정1367
사기등
Text

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

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

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not undermine the defendant's right of defense.

The Defendant operated a mobile phone sales store from Daegu Jung-gu Q to "R".

1. Forging a private document;

A. On December 25, 2014, the Defendant entered AGF and signed BG 102/807 units in the column of customer name, and the applicant column in the column of customer name, as if AGF opened the mobile phone at the above mobile phone sales store, the Defendant entered AGF and signed AGF in the column of customer name.

Accordingly, for the purpose of exercising the rights and obligations of AGF, the Defendant forged a written application for alleh Moble (AGH), which is a private document.

B. On December 29, 2014, the Defendant entered AGF’s cell phone entry column, as if the AGF opened a cell phone, entered the application form in the customer name column, and signed BGF’s heading 102/807 heading in the month, the resident number column, and the applicant column.

Accordingly, for the purpose of exercising the rights and obligations of AGF, the Defendant forged one copy of a written application for the alleh Mobio (AGI) joining the private document.

2. The Defendant exercised the said investigation document by delivering two copies of the forged application form to the “AGJ Agency” employee who was aware of the forgery at the time and place of each of the above paragraphs (1) as if they were the document duly formed.

3. Even if the Defendant subscribed to a mobile phone in the name of AGF at the time and place set forth in the above paragraph (1), he/she did not have the intent or ability to pay the mobile phone charges and terminal bills to the victim KT.

In such a way, the Defendant acquired property and financial gains equivalent to KRW 3,340,010, total sum of KRW 2,009,900 and KRW 1,330,110, and KRW 3,340,010 of the terminal price of AGH.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning AGF;

1. Application of Acts and subordinate statutes on subscription fees and notice of charges;

1. Relevant Article of the Criminal Act and Article 231 of the Criminal Act (the point of Article 231 of the Private Document) for criminal facts, each of the Criminal Act.

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