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(영문) 인천지방법원 2015.03.19 2014고단9005
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On December 11, 2014, the Defendant appealed from the Incheon District Court for six months of imprisonment for fraud, etc. and is still pending in the appellate trial.

【Criminal Facts】

1. On June 27, 2012, the Defendant forged a private document and uttering of a perjury document sent a copy of the BI identification card to F by a mobile phone agent located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, to F. F entered the customer information column “BI, BJ, Seoul Dongjak-gu,” and the applicant column “BI” in the written form of a mobile phone new contract of the SK Telecom located in the location of B, and signed the document next to the name.

Accordingly, the Defendant, in collusion with F, forged one copy of the mobile phone new contract in the name of BI, a private document concerning rights and duties without authority for the purpose of uttering, and around that time, sent it to SK Telecom staff as a document duly formed, used it as a document, and forged and used private document 16 times in total, such as the statement in the list of crimes in the attached Form.

2. The Defendant, in collusion with F, submitted forged documents in collusion with F, at the date, time, place, as mentioned in the above paragraph 1., and received 6,400,000 won (40,000 x 16 x 16) from the victim by opening a cell phone in the name of BI.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. The police statement of AA;

1. Each complaint;

1. Data on a reporter's identity theft;

1. New application form;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes such as criminal records, previous convictions, results of confirmation, etc.;

1. Articles 347(1) and 30 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is as follows.

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