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(영문) 부산지방법원 2013.05.09 2012고단5183
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized Samsung Television shall be returned to the victim B.

Reasons

Punishment of the crime

The Defendant married with C on January 19, 2003, but divorced on June 30, 2011, and D is a woman of C, the mother of C, and the mother of C, and the mother of B.

The defendant, while looking together with C, had known about the personal information D and Sim E in his name, tried to purchase a mobile phone, issue a credit card, and apply for a loan in his name.

1. (Week-Related Crimes)

A. On November 15, 2010, the Defendant forged private documents: (a) around 15:00, at a mobile phone agency located in Busan-gu Busan-gu Busan-gu, where the Defendant was working, the Defendant did not have been delegated or consented to the new mobile phone subscription from D and E; (b) but he did not know of such fact, after having the Defendant enter “D”, “H”, and “E” in the customer name column of the SHOW application, the Defendant signed E next thereto.

Accordingly, the Defendant forged one copy of the mobile phone new application in the name of E, a private document on the rights and obligations for the purpose of uttering.

B. The Defendant sent a forged SHW new application at the above date, time, and at the above place, to KT staff who was aware of the forgery, by facsimile.

C. As such, the Defendant filed a forged mobile phone new application with KT and received one set of LG options in an amount equivalent to KRW 800,000 at the market price from the victim who believed the application, and the Defendant was exempted from paying the amount equivalent to KRW 664,730 while using the said mobile phone.

Accordingly, the defendant, by deceiving the victim, received property and acquired pecuniary benefits.

2. Crimes related to Samsung Card;

A. On November 24, 2010, the Defendant entered a mobile phone agency located in Busan-gu F, Busan-gu, where the Defendant was working, with a computer, and then selected “written application” and selected E’s name and resident registration number.

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