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(영문) 대구지방법원 2016.06.09 2016고단1485
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal record] On October 2, 2008, the Defendant was sentenced to five years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Indecent Acts by Special Coercive Acts) at the Daegu High Court, and completed the enforcement of the above sentence on January 9, 2013.

[2] The Defendant conspired with K to forge a new contract under the name of AV to open a mobile phone and to acquire the mobile phone through fraud

1. On June 2, 2015, the Defendant forged private documents in collusion with AK and entered “AV” in the sex column of a new service contract for the KS Telecom Services, “AV,” “AX,” and “AV,” and “AV,” in the State column, on June 1, 2015, for the purpose of exercising at the mobile phone agency of “AJ” located in Daegu Suwon-gu, the Defendant forged one copy of a new service contract under the name of AV, which is a private document concerning rights and obligations by signing on the name next to the name.

2. The event of the above investigation document and the criminal defendant committed fraud by submitting a new contract under the name of AV, which was forged, in collusion with AK at the same time and place as that of paragraph 1, by facsimile to the person in charge of the victim Ecom Telecom Co., Ltd. who is aware of such forgery. As if AV actually bears the charges and applied for mobile phone membership, the victim company was deceiving the victim company as if it actually applied for a mobile phone membership, and then the victim company received delivery from the victim company one cell phone of KRW 924,00 from the victim company

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement report on AY and AV;

1. A written petition;

1. A new service contract;

1. A real estate lease agreement;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to previous convictions, etc. for repeated crimes), and statutes;

1. Article 347(1) and Article 30 of the Criminal Act regarding criminal facts, the pertinent provision of the Criminal Act regarding the choice of punishment (the point of fraud), Articles 231 and 30 (the point of fraud) of the Criminal Act, Articles 234 and 231 of the Criminal Act, and Articles 234, 231 of the Criminal Act.

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