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(영문) 서울남부지방법원 2017.05.22 2016고정2627
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 30, 2015, the fraud Defendant: (a) in the “C agency” located in the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), even if the Defendant opened a mobile phone in the name of the victim D, the Defendant did not have the intent or ability to pay the horse repair cost or the usage fee; (b) but, even if the Defendant did not have any intent or ability to make the elevator repair business preparation, he/she would pay the victim the money by finding out whether he/she was inside, as he/she is in need of a mobile phone.

“A false statement was received from the injured party one of the mobile phones (KT Telecom, G720) at least 319,000 won which was opened in the name of the injured party on the same day.

2. On May 19, 2015, the Defendant of the forgery of a private document and its events entered “D” in the name column of the SK Telecom New Contract, “G”, “H,” and “H” in the name column of the legal life column and address column, and signed “D” in the name of the applicant customer column, and submitted “D” to the office employees without knowing that D’s consent was obtained from D, even though D’s consent was not obtained.

6. By December 12, 200, with the aim of exercising without authority as stated in the annexed list of crimes, a new contract in the name of D or a total of five copies of the application for subscription, which is a private document relating to rights and obligations, was forged and exercised.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. One copy of an application for admission filed on May 19, 2015; and three copies of an application for admission filed on June 5, 2015; and one copy of an application for admission filed on June 12, 2015;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the point of fraud), Article 231 of the Criminal Act, Article 234 of the Criminal Act, Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and Article 231 of the Criminal Act, respectively.

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