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(영문) 대구지방법원 2013.10.24 2013고정808
사기등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On February 6, 20120, the Defendant forged one copy of the service contract under the name of the non-party D, stating "D", "E", "E", and "F (hereinafter omitted) in the address column, in the new service contract with the purpose of using it in the opening of mobile phone at the C direct office store located in Daegu-gu, Daegu-gu, Daegu-gu, for the purpose of using it in the opening of mobile phone.

2. The Defendant, as indicated in paragraph (1), exercised a forged new service contract to G, a direct store employee who did not know that the new service contract was forged.

3. The defrauded did not have any intent or ability to pay the price even if he purchases a mobile phone.

Nevertheless, the Defendant submitted a new service contract prepared by the method of Paragraph (1) and run as if he would normally open a mobile phone, and it was delivered from the complainant one of the smartphones equivalent to 89,800 won at the seat.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement of G or D;

1. Complaint;

1. Application of Acts and subordinate statutes on a new service contract;

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 347(1) of the Criminal Act (Fraud, Selection of Fines), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (the fact that the crime is committed, the fact that the crime is committed and the choice of fines) of the choice of punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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