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(영문) 광주지방법원 2017.07.20 2017고단1106
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[2017 Highest 1106]

1. Compilation, such as electronic records;

A. On March 15, 2016, the Defendant, at the “E” mobile phone agency located in Gwangju-gu, Gwangju-gu, without obtaining permission from F to file a mobile phone compensation application, entered “F” into the name of the subscriber in the written application for compensation for change by accessing the “F,” “F,” and “F” into the date of birth column, signed the name of F as the subscriber to the electronic records, which is an electronic record, for the purpose of causing any business affairs by entering the “F” into the electronic signature box, and then filled out the file for the compensation application in the name of F, an electronic record, for rights and duties.

B. On April 17, 2016, the Defendant, at the same place, did not obtain permission from F to file an application for change of mobile phone compensation at the same time, entered “F” into the name of the subscriber in the written application for change of compensation in the form of “F,” “G” on the date of birth, entered “F” on the electronic signature tag, signed by F as the subscriber, and forged the file of application for change of compensation in the name of F, an electronic records, the private records pertaining to the rights and obligations, for the purpose of causing the work by doing so.

2. An event, such as fraud, electronic records, etc.;

A. On March 15, 2016, the Defendant sent a mobile phone compensation application file in the name of the F, as shown in paragraph 1-A, to the victim LOB, via the computer network at the same place, and then acquired pecuniary benefits equivalent to KRW 698,300 from the victim company by opening the cell phone through the cell phone compensation application file in the name of the F, as described in paragraph 1-A. The Defendant acquired pecuniary benefits equivalent to KRW 698,300 from the victim company.

B. On April 17, 2016, the Defendant transmitted the file of the application for change of the mobile phone compensation period in the F’s name, as stated in paragraph (1)-B, at the same location via the computer network at the same time and at the same time, and then acquired pecuniary benefits equivalent to KRW 99,90,90, and the telephone rate of KRW 274,070, by opening the mobile phone from the victimized company.

[2017 Highest 1204]

3. The Defendant around July 5, 2015.

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