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(영문) 청주지방법원 2018.07.25 2018고단752
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On April 9, 2015, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at the Daejeon High Court (Cheongju Branch) on the Protection of Children and Juveniles against Sexual Abuse. On August 9, 2016, the Defendant completed the execution of the sentence at the Cheongju Prison.

[Criminal facts]

1. On May 24, 2017, the criminal defendant presented the victim’s driver’s license in the victim C’s license in the petition-gu, Cheongju-si, B, and falsely stated that “In order to open the mobile phone under the name of E on behalf of Dong Dong E, the criminal defendant opened the mobile phone under the name of E”.

However, in fact, the defendant did not obtain consent from E to opening a mobile phone, and the driver's license of the above E was also carried out from E without permission of E.

Ultimately, the Defendant, as such, by deceiving the victim, received delivery of 81 mobile phones equivalent to the market value of KRW 1,152,800 from the injured party.

2. Around May 24, 2017, the Defendant: (a) drafted a private signature; and (b) entered the mobile phone in D located in B, Cheongju-si; (c) as such, the Defendant entered the “E” and the “E” in the “E” and “E” column in the “E” column for the customer who applied for subscription to the TRS Agreement Agreement, via the mobile phone in the name of E, and entered the “E” in the “E” column.

Accordingly, for the purpose of exercising authority, the Defendant forged the signature of the name of E without authority, and continued to use it by submitting a false service contract with the name of D operator who is not aware of such fact, a request for subscription to a new contract, a Telective Agreement, and a short-end transaction contract.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and C;

1. Recording notes of the details of investigation into telephone communications of witnesses E;

1. A new service contract;

1. Previous convictions: A reply to inquiries, such as criminal history, investigation report (prior convictions for repeated crimes), judgment, and individual;

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